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PRINTER'S NO. 1205
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1036
Session of
2025
INTRODUCED BY KEEFER, HUTCHINSON, DUSH, KEARNEY, KIM, FONTANA
AND BROWN, OCTOBER 3, 2025
REFERRED TO LOCAL GOVERNMENT, OCTOBER 3, 2025
AN ACT
Amending Title 73 (Townships) of the Pennsylvania Consolidated
Statutes, consolidating the First Class Township Code; and
making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 73 of the Pennsylvania Consolidated
Statutes is amended by adding parts to read:
PART I
PRELIMINARY PROVISIONS
Chapter
1. General Provisions
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Short title (Reserved).
102. Definitions.
103. Savings clauses where class of township changed.
104. (Reserved).
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105. Classification of townships.
106. Creation of townships of the first class from townships of
the second class.
107. Reestablishment of townships of the second class.
108. Consolidation or merger.
109. Officers for new townships.
110. Certificate of creation of township.
111. Change of name of township.
§ 101. Short title (Reserved).
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
(Reserved).
§ 103. Savings clauses where class of township changed.
If a township of the second class is designated a township of
the first class, or if a township of the first class is
reestablished as a township of the second class, all liabilities
incurred, rights accrued or vested, obligations issued or
contracted and all suits and prosecutions pending or to be
instituted to enforce any right or penalty accrued or to punish
any offense committed before the change of class, and all
ordinances, resolutions, rules and regulations shall continue
with the same force and effect as if no change had been made.
§ 104. (Reserved).
§ 105. Classification of townships.
(a) General rule.--Townships now in existence and those to
be created are divided into two classes:
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(1) townships of the first class; and
(2) townships of the second class.
(b) Township of the first class.--A township of the first
class shall be a township having a population of at least 300
inhabitants to the square mile and:
(1) is functioning as a township of the first class as
of June 24, 1931; or
(2) was created after June 24, 1931, as a township of
the first class in the manner provided in this part.
(c) Township of the second class.--A township that is not a
township of the first class or a home rule municipality shall be
classified as a township of the second class.
(d) Change between classes.--A change from one class to the
other shall be made only as provided by this part or the laws
relating to townships of the second class.
§ 106. Creation of townships of the first class from townships
of the second class.
(a) Establishment as a township of the first class.--A
township of the second class may be established as a township of
the first class as follows:
(1) A township of the second class may become a township
of the first class if the township of the second class has a
population density of 300 or more inhabitants to the square
mile. The population density shall be determined from the
most recent census data as made available by the United
States Census Bureau, whether it is from the decennial
census, special census or from the Population Estimates
Program.
(2) The board of supervisors of a township of the second
class on the board's own initiative may, or within 15 days
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after the receipt of a petition signed by at least 5% of the
electors of the township of the second class shall, pass a
resolution, which shall be recorded on the township's
minutes, submitting the question of whether the township of
the second class shall be established as a township of the
first class to the electors of the township of the second
class. The petition and resolution shall include the
population density of the township of the second class.
(3) At the next primary, general or municipal election
occurring at least 90 days after the passage of the
resolution under paragraph (2), the question shall be
submitted to the electors of the township. The county board
of elections shall place the question of establishing a
township of the first class on the ballot in accordance with
the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code.
(4) The election officers shall compute the votes cast
at the election under paragraph (3) and certify the votes to
the county board of elections. The county board of elections
shall compute the votes cast and certify the result to the
county commissioners, the board of supervisors of the
township of the second class and the clerk of the court of
common pleas. If a majority of the votes cast at the election
are in favor of becoming a township of the first class, the
government of the township of the first class shall be
organized and become effective on the first Monday of January
after the election.
(b) Terms of officers ended.--When a township of the first
class is organized and becomes effective under subsection (a),
the terms of the officers of the township of the second class
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shall cease and the officers appointed by the court for the
township under section 109 (relating to officers for new
townships) shall take office.
(c) Moratorium if election fails.--If a majority of the
votes cast at the election under subsection (a) are in favor of
remaining a township of the second class, no further proceedings
may be initiated for a period of two years from the date of the
election.
§ 107. Reestablishment of townships of the second class.
A township of the first class may, no sooner than five years
after becoming a township of the first class, be reestablished
as a township of the second class as provided in the act of May
1, 1933 (P.L.103, No.69), known as The Second Class Township
Code.
§ 108. Consolidation or merger.
A township may be merged or consolidated into a new or
existing municipal corporation in accordance with 53 Pa.C.S. Ch.
7 Subch. C (relating to consolidation and merger).
§ 109. Officers for new townships.
(a) Appointment of new officers.--If a new township of the
first class is created from a township of the second class as
provided in this chapter, the court of common pleas of the
appropriate county shall appoint the elective officers for the
new township and determine the polling place or places in the
new township. The appointed officers shall hold office until the
first Monday of January after the next municipal election as
provided in this part.
(b) Commissioners.--At the first municipal election
following the creation of a township under section 106 (relating
to creation of townships of the first class from townships of
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the second class), five township commissioners shall be elected
at large if the township has not been divided into wards. Three
of the commissioners shall be elected for terms of four years
each, and two for terms of two years each, from the first Monday
of January next following the election. The ballots at the
election shall designate the term for which each commissioner is
elected. Each commissioner's successor shall be elected for
terms of four years in accordance with this part. If the
township has been divided into wards, the township commissioners
shall be elected as provided in section 1504 (relating to
schedule for election of commissioners in townships first
divided into wards).
(c) Tax collector.--At the first municipal election, a tax
collector shall be elected for a two-year or four-year term so
that the term shall expire at the same time as the terms of tax
collectors of other townships of the first class under the
provisions of this part. For each subsequent tax collector, the
term of tax collector of the township shall be four years from
the first Monday of January next following the tax collector's
election.
§ 110. Certificate of creation of township.
If a township of the first class is created, the clerk of the
court shall certify to the Department of State, the Department
of Transportation, the Department of Community and Economic
Development and the county planning commission a copy of the
record constituting the charter of the township. The clerk of
the court may charge a fee of $3.50 to be paid as part of the
costs of the proceedings.
§ 111. Change of name of township.
(a) Referendum.--Upon petition to the court of common pleas
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of at least 10% of the electors of a township or upon the
passage of a resolution by the board of commissioners seeking a
change of the name of the township, the court of common pleas
shall order a referendum on the question.
(b) Filing with clerk of court.--If the court determines
that the petition or resolution for change of name of the
township is in proper form and properly executed, the original
petition or resolution shall be filed with the clerk of the
court. A copy of the petition or resolution and order of the
court shall be filed with the county board of elections which
shall frame the question to be submitted to the electors at the
next general or municipal election which occurs at least 60 days
after the court order.
(c) Certification of the vote.--The election officers shall
compute the votes cast on a question submitted under subsection
(a) and certify the votes to the clerk of the court of common
pleas, who shall tabulate the votes and certify the result. If a
majority of the votes cast at the election are in favor of the
change of township name, the court shall so order and shall
order the record of the proceedings to be permanently recorded.
If a majority of the votes are against the change, there shall
be no further proceedings on the petition or resolution.
PART II
FIRST CLASS TOWNSHIP CODE
Chapter
11. Preliminary Provisions
13. (Reserved)
15. Wards
17. Election of Officers and Vacancies in Office
19. General Provisions Relating to Township Officers
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21. Township Commissioners
23. Appointed Township Treasurer
25. Tax Collector
27. Township Secretary
29. Auditors
31. Controller
33. Township Solicitor
35. Township Engineer
37. Township Manager
39. Veterans' Affairs
41. Police
43. Corporate Powers
45. Real Estate Registry
47. Public Health
49. Finance and Taxation
51. Contracts
53. Eminent Domain, Assessment of Damages and Benefits
55. Streets and Highways
57. Bridges
59. Sidewalks
61. Sanitary Sewers and Drains
63. Assessments for Public Improvements
65. Water Supply
67. Manufacture and Sale of Electricity
69. Public Buildings
71. Licenses and License Fees
73. Parks, Recreation Centers, Shade Trees and Forests
75. Uniform Construction Code, Property Maintenance Code and
Reserved Powers
77. Ordinances
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79. Actions By and Against Townships
81. Repeals
CHAPTER 11
PRELIMINARY PROVISIONS
Sec.
1101. Short title of part.
1102. Definitions.
1103. Excluded provisions.
1104. Construction of part generally.
1105. Constitutional construction.
1106. Construction of references.
1107. Legal advertising.
1108. Application.
§ 1101. Short title of part.
This part shall be known and may be cited as The First Class
Township Code.
§ 1102. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board of commissioners." The board of township
commissioners of a township of the first class.
"Highway." A road or highway of the State highway system.
"Individual." A natural person.
"Municipal authority." A body politic and corporate created
under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
"Municipal corporation." A city, borough, incorporated town,
township of the first or second class or a home rule
municipality other than a county.
"Municipality." A county, city, borough, incorporated town,
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township of the first or second class or a home rule
municipality.
"Pennsylvania Municipalities Planning Code." The act of July
31, 1968 (P.L.805, No.247), known as the Pennsylvania
Municipalities Planning Code.
"Person." Includes a natural person, corporation,
partnership, limited liability company, business trust, other
association, government entity other than the Commonwealth,
estate, trust or foundation.
"Street." Includes a street, road, lane, alley, court or
public square.
"Township." A township of the first class.
§ 1103. Excluded provisions.
This part does not include any provisions, and shall not be
construed to repeal any act, relating to:
(1) The assessment and valuation of property and persons
for the purposes of taxation and collection of taxes, except
as provided in this part.
(2) The collection of municipal claims by liens.
(3) The method of incurring or increasing bonded
indebtedness.
(4) Conduct of elections.
(5) Public schools and school districts.
(6) The powers and duties of constables .
(7) Magisterial district judges.
(8) State highways and private roads.
(9) Any of the provisions of 75 Pa.C.S. (relating to
vehicles).
(10) Validation of elections, bonds, ordinances and acts
of corporate officers.
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(11) Any of the provisions of 24 Pa.C.S. Ch. 93
(relating to public library code).
(12) Crimes and offenses provided for in 18 Pa.C.S.
(relating to crimes and offenses).
(13) Any law relating to the giving of municipal consent
to public utilities.
§ 1104. Construction of part generally.
(a) General rule.--The provisions of this part so far as
they are the same as those of laws in effect prior to June 24,
1931, are intended as a continuation of laws in effect prior to
June 24, 1931, and not as new enactments. The repeal by this
part of any act of the General Assembly, or part thereof, shall
not revive any act, or part thereof, repealed or superseded
prior to June 24, 1931, nor affect the existence of class of any
township created prior to June 24, 1931. The provisions of this
part shall not affect any act done, liability incurred, or right
accrued or vested, or affect any suit or prosecution, pending or
to be instituted, to enforce any right or penalty or punish any
offense under the authority of the repealed laws. All
ordinances, resolutions, regulations, and rules, made pursuant
to any act of the General Assembly repealed by this part, shall
continue with the same force and effect as if the act had not
been repealed.
(b) Powers and duties continued.--The board of commissioners
shall have the corporate powers and duties and township
officials shall have the powers and duties, not only as
specified in this part but also as provided in other laws, to
the extent that the powers and duties are not repealed by this
part.
§ 1105. Constitutional construction.
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The provisions of this part shall be severable, and if any of
the provisions shall be held to be unconstitutional, such
decision shall not affect the validity of any of the remaining
provisions of this part. It is declared as the legislative
intent that this part would have been adopted had such
unconstitutional provision not been included.
§ 1106. Construction of references.
A reference made in this part to any act by title or
otherwise shall also apply to and include any codification
wherein the provisions of the act referred to are substantially
reenacted.
§ 1107. Legal advertising.
(a) General rule.--A notice required to be published in one
or more newspapers under this part shall be made in a newspaper
of general circulation, as defined under 45 Pa.C.S. § 101
(relating to definitions), printed in the township or in a
newspaper circulating generally in the township if there is no
newspaper of general circulation.
(b) Special circumstances.--
(1) Unless dispensed with by special order of court, if
the notice under subsection (a) relates to one of the
following, the notice shall also, in counties of the second,
third, fourth and fifth classes, be published in the legal
newspaper of the county, if any, designated by the rules of
court:
(i) Proceeding or matter in a court.
(ii) Holding of an election for the increase of
indebtedness.
(iii) Issue and sale of bonds to be paid by
taxation.
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(2) The following shall be published only in newspapers
of general circulation:
(i) Ordinances.
(ii) Auditors' statements.
(iii) Summaries of auditors' statements.
(iv) Advertisements inviting proposals for public
contracts or for bids for materials and supplies.
(v) Lists of delinquent taxpayers.
§ 1108. Application.
This part shall apply to all townships of the first class.
CHAPTER 13
(Reserved)
CHAPTER 15
WARDS
Sec.
1501. Creation and alteration of wards.
1502. Petition of electors.
1503. County board of elections.
1504. Schedule for election of commissioners in townships first
divided into wards.
1505. Schedule of election of commissioners in newly created
wards.
1506. Pennsylvania Election Code.
§ 1501. Creation and alteration of wards.
(a) Power of boards of commissioners.--In addition to
reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9
(relating to municipal reapportionment) and section 11 of
Article IX of the Constitution of Pennsylvania, a board of
commissioners may, by ordinance, do any of the following:
(1) Divide townships into wards.
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(2) Create new wards out of two or more adjoining wards
or parts of wards.
(3) Consolidate two or more wards into one ward.
(4) Divide any ward already erected into two or more
wards.
(5) Alter the lines of two or more adjoining wards.
(6) Cause the lines or boundaries of wards to be
ascertained or established.
(7) Abolish all wards.
(b) Limitations.--
(1) No township may be divided or redivided into more
than 15 wards.
(2) No ward shall be created containing less than 300
registered electors.
(c) Less than five wards in township.--If a ward is
abolished under this section and the number of wards in the
township is reduced to less than five, then the commissioner or
commissioners in the abolished ward or wards shall continue in
office for the term for which elected and shall become a
commissioner or commissioners at large from the township.
(d) Compact and contiguous territory.--All wards in the
township shall be numbered and composed of compact and
contiguous territory as nearly equal in population as
practicable as officially and finally reported in the most
recent Federal decennial census.
§ 1502. Petition of electors.
(a) General rule.--At least 5% of registered electors of the
township or, for a proposal affecting only a portion of the
township, at least 5% of the registered electors of the ward
which would be affected by the proposal, may petition the board
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of commissioners to initiate proceedings under section 1501
(relating to creation and alteration of wards) and may present
to the board of commissioners a plot showing the boundaries of
the proposed wards of the township. The board of commissioners
shall, by motion approved by a majority of the commissioners
within 90 days of presentment of the petition, determine whether
to initiate proceedings under section 1501.
(b) Failure to approve motion.--If the board of
commissioners has not approved a motion within 90 days after the
presentment of a petition under subsection (a), 10 registered
electors may petition the court of common pleas to contest the
existing apportionment as violating section 1501(b) or (d). The
proceedings before the court shall be conducted in accordance
with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment
by governing body) and 907 (relating to costs and expenses of
contest).
§ 1503. County board of elections.
A copy of the ordinance enacted under section 1501 (relating
to creation and alteration of wards), along with a plot showing
the boundaries of the wards established, shall be forwarded to
the county board of elections.
§ 1504. Schedule for election of commissioners in townships
first divided into wards.
(a) General rule.--When a township is first divided into
wards, the township commissioners then in office shall continue
in office until the expiration of the commissioners' respective
terms.
(b) Election of commissioners.--At the first municipal
election occurring at least 90 days after the division into
wards, the registered electors of each ward of the township
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shall elect one township commissioner who shall reside in the
ward for which the commissioner is elected.
(c) Terms of office.--At the election under subsection (b),
the township commissioners elected in even-numbered wards shall
be elected for terms of two years each. Commissioners elected in
odd-numbered wards shall be elected for terms of four years
each. The terms of office for even-numbered and odd-numbered
wards may be vice versa so that the expiration of the terms will
harmonize with the expiration of terms of township commissioners
elected for the even-numbered or odd-numbered wards under the
provisions of this part. For subsequent elections, commissioners
shall be elected for terms of four years each at the municipal
election immediately preceding the expiration of the terms of
ward commissioners.
(d) Township divided into less than five wards.--For a
township divided into less than five wards that will have less
than five township commissioners upon the expiration of terms,
at the municipal election preceding the expiration of the terms
of any commissioner or commissioners elected at large, there
shall be elected at large a sufficient number of township
commissioners so that the total number of commissioners elected
by wards and at large in the township shall be five. The
following shall apply:
(1) If one township commissioner is elected at large,
the commissioner shall be elected for a term of four years.
(2) If two township commissioners are elected at large,
one shall be elected for a term of two years and one for a
term of four years.
(3) If three township commissioners are elected at
large, two shall be elected for terms of four years each and
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one for a term of two years.
(4) Successors to the township commissioners elected at
large shall be elected for terms of four years each.
(e) Commencement of terms.--All terms of office of township
commissioners, elected at large or by wards, shall commence on
the first Monday of January next following their election.
§ 1505. Schedule of election of commissioners in newly created
wards.
(a) Wards fewer than five.--
(1) If a new ward is created in a township previously
divided into wards and the number of wards in the township,
including the new ward, is less than five, the registered
electors of the new ward shall elect one township
commissioner at the next municipal election following the
expiration of the term of the commissioner or commissioners
elected at large whose terms shall first expire after the
creation of the new ward.
(2) The individual elected commissioner under paragraph
(1) must be a resident of the ward for which the commissioner
is elected.
(3) The commissioner elected under paragraph (1) shall
serve for a term of two or four years, so that the expiration
of the commissioner's term will harmonize with the expiration
of terms of commissioners for the even or odd numbered wards
under the provisions of this part.
(4) A commissioner elected to succeed a township
commissioner elected under paragraph (1) shall serve a term
of four years.
(5) The number of commissioners elected at large in the
township shall be the difference between the number of wards
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and five, and a sufficient number of commissioners shall be
elected at large at each municipal election preceding the
expiration of terms of commissioners at large so that the
total number of commissioners in the township will at all
times be five.
(b) Wards numbering five.--
(1) If a new ward is created in a township previously
divided into wards and the number of wards in the township,
including the new ward, is five, the residents of the ward
shall elect a township commissioner at the municipal election
preceding the expiration of the term of office of any
commissioner or commissioners elected at large.
(2) The individual elected commissioner under paragraph
(1) must be a resident of the ward for which the commissioner
is elected.
(3) The commissioner elected under paragraph (1) shall
serve a two-year or four-year term so that the expiration of
the commissioner's term will harmonize with the expiration of
terms of commissioners for the even-numbered or odd-numbered
wards under the provisions of this chapter.
(4) A commissioner elected to succeed a commissioner
elected under paragraph (1) shall serve a four-year term. No
township commissioner shall thereafter be elected at large in
the township.
(c) Wards more than five.--
(1) If a new ward is created in a township previously
divided into wards and the number of wards in the township,
including the new ward, is more than five, the court of
common pleas of the county in which the township is located
shall appoint a township commissioner for the new ward.
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(2) The commissioner appointed under paragraph (1) shall
hold office until the first Monday in January succeeding the
first municipal election at which township commissioners are
elected in the even-numbered or odd-numbered wards under the
provisions of this part.
(3) The qualified electors of the new ward shall elect a
township commissioner for a term of four years at the
municipal election described under paragraph (2), and every
four years thereafter.
(4) The individual elected commissioner under paragraph
(3) must be a resident of the ward for which the commissioner
is elected.
(d) First day of office.--A township commissioner elected
under this section shall take office on the first Monday of
January next succeeding the commissioner's election.
§ 1506. Pennsylvania Election Code.
Nothing in this chapter shall be construed as affecting the
powers and duties of the court of common pleas, the county board
of elections or restrictions on alteration of election districts
as provided in Article V of the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code.
CHAPTER 17
ELECTION OF OFFICERS AND VACANCIES IN OFFICE
Subchapter
A. General Provisions
B. Vacancies in Office
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
1701. Eligibility.
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1702. Term of office.
1703. Elected officers.
§ 1701. Eligibility.
(a) General rules.--
(1) Only a registered elector of a township may be
eligible to an elective office in the township.
(2) Before being sworn into office, each elected
township officer, or, except as provided under section 1711
(relating to vacancies), each appointed township officer in
case of a vacancy in an elective office, shall present a
signed affidavit to the township secretary stating that the
officer resides in the township, or within the ward in the
case of a ward office, from which elected or appointed and
has resided in the township or ward continuously for at least
one year immediately prior to the officer's election or
appointment.
(3) In the case of a newly created ward in existence for
less than one year at the time of a township officer's
election or appointment, the affidavit under paragraph (2)
shall state that the officer has resided within the township
continuously for at least one year immediately prior to the
officer's election or appointment and within the ward from
the date of the ward's creation continuously until the
officer's election or appointment.
(b) Vacancy for failure to satisfy requirements of office.--
If an individual elected to office, or appointed to an elective
office, fails to give the required bond, take the required oath
or provide a signed affidavit, a vacancy is created in the
office for which the individual was elected or appointed, and
the vacancy shall be filled as provided in section 1711.
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(c) More than one office prohibited.--No individual may hold
more than one elective township office at the same time.
§ 1702. Term of office.
Except if a vacancy in office occurs under section 1711
(relating to vacancies), officers shall hold office for the term
for which the individual was elected. Officers shall not serve
longer than the first Monday of January succeeding the municipal
election at which a successor was elected.
§ 1703. Elected officers.
(a) General rule--The electors of each township shall elect:
(1) At least five township commissioners, and the
following shall apply:
(i) In townships divided into wards but having fewer
than five wards, the number of commissioners shall be
five. One commissioner shall be elected from each ward,
and the remaining number of commissioners, to which the
township is entitled, shall be elected at large. In
townships having five or more wards, one commissioner
shall be elected from each ward. Township commissioners
shall be elected at municipal elections, preceding the
expiration of the terms of commissioners then in office,
for terms of four years each. Commissioners from odd-
numbered wards shall be elected at alternate municipal
elections than the municipal elections at which
commissioners from even-numbered wards are elected.
Elections at large shall be held at the municipal
election preceding the expiration of the term of any
commissioner elected at large.
(ii) In townships not divided into wards, there
shall be five township commissioners who shall be elected
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at large by the electors of the township. At each
municipal election, two or three township commissioners,
as the case may be, shall be elected for terms of four
years each to take the place of the commissioners whose
terms then expire.
(2) One township tax collector, and the following shall
apply:
(i) The township tax collector shall be elected at
municipal elections every four years. An individual must
be a qualified tax collector or, in the case of an
individual appointed to fill a vacancy in the office of
tax collector, become a qualified tax collector, in
accordance with the act of May 25, 1945 (P.L.1050,
No.394), known as the Local Tax Collection Law.
(ii) If no individual is elected to the position of
tax collector in the municipal election, or if the
position of tax collector becomes vacant, the board of
commissioners may, by resolution, appoint an individual
or person to collect taxes. If a person other than an
individual is appointed, the person shall post bonds to
the same extent as would an individual appointed to fill
the vacancy and as further provided by terms and
conditions as specified by the board of commissioners.
Notwithstanding the Local Tax Collection Law, if a person
other than an individual is appointed as a tax collector,
no individual employed by the appointed tax collector or
any of the appointed tax collector's officers shall be
required to be or become a qualified tax collector or to
file criminal history record information.
(3) Three elected auditors, and the following shall
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apply:
(i) At each municipal election, one auditor shall be
elected for a term of six years. No auditor shall at the
same time hold any other elective or appointive office.
(ii) The board of commissioners may provide by
ordinance for the appointment of an independent auditor,
in lieu of providing for the election of three auditors,
as provided in subparagraph (i) or one controller as
provided in paragraph (4). After enactment of the
ordinance, an independent auditor shall be appointed
annually by resolution at least 30 days prior to the
close of the fiscal year. The office of elected auditor
is abolished upon the appointment of an independent
auditor.
(iii) The board of commissioners shall have the
right at any time to repeal the ordinance providing for
the appointed independent auditor, whereupon three
auditors shall be elected at the next municipal election
following the repeal of the ordinance, to whom the
following shall apply:
(A) One elected auditor shall serve a term of
two years.
(B) One elected auditor shall serve a term of
four years.
(C) One elected auditor shall serve a term of
six years.
(D) The three elected auditors shall have all
the powers and perform all the duties as provided in
this part for elected auditors.
(4) One elected controller in lieu of three elected
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auditors, and the following shall apply:
(i) The provisions of this part relating to the
controller shall not become operative or effective until
the board of commissioners shall, by ordinance, accept
the provisions of this part relating to the office of
controller.
(ii) When a township has provided by ordinance for
the office of an elected controller, the board of
commissioners shall petition the court of common pleas to
appoint a controller to hold office until the first
Monday of January next succeeding the next municipal
election when a controller shall be elected. When a
controller is appointed or elected as provided in this
paragraph, the office of elected auditor is abolished.
(iii) One controller, who shall be a competent
accountant, shall be elected at municipal elections every
four years.
(iv) The office of controller shall be continued
until the ordinance is repealed, at which time the office
of controller shall terminate. The township shall either
appoint an independent auditor or, at the next municipal
election following the repeal of the ordinance, provide
for the election of three auditors, to whom the following
shall apply:
(A) One elected auditor shall serve a term of
two years.
(B) One elected auditor shall serve a term of
four years.
(C) One elected auditor shall serve a term of
six years.
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(D) The three elected auditors shall have all
the powers and perform all the duties as provided in
this part for elected auditors.
(b) Terms of office.--The terms of each officer elected
under this section shall begin the first Monday of January next
succeeding the individual's election.
SUBCHAPTER B
VACANCIES IN OFFICE
Sec.
1711. Vacancies.
§ 1711. Vacancies.
(a) Filling.--
(1) If a vacancy occurs in the office of township
commissioner, auditor, controller or tax collector for any of
the following, the board of commissioners shall fill the
vacancy within 30 days by appointing by resolution a
registered elector of the township, or of the ward for a ward
office, in which the vacancy occurs:
(i) Death.
(ii) Resignation.
(iii) Removal as provided under section 1904
(relating to removal of township officers and
appointees).
(iv) Termination of residency from the township, or
of the ward for a ward office.
(v) Failure to take the required oath, give required
bond or provide the affidavit required under section 1701
(relating to eligibility).
(vi) Or otherwise.
(2) If a person other than an individual is appointed to
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fill a vacancy in the office of tax collector under section
1703(a)(2)(ii) (relating to elected officers), the person
shall not be required to file the affidavit required under
section 1701. An individual appointed as a tax collector
under section 4.2 or 4.4 of the act of May 25, 1945
(P.L.1050, No.394), known as the Local Tax Collection Law,
shall not be required to file an affidavit required under
section 1701.
(a.1) Resignations.--Except as provided under subsection
(b.2), the following shall apply:
(1) A vacancy shall not be created by a resignation
until the date that the resignation is accepted by a majority
vote of a quorum of the board of commissioners at a public
meeting or the effective date of the tendered resignation,
whichever is later. The board of commissioners must accept a
resignation no later than 45 days after the resignation has
been tendered in writing to the board of commissioners,
unless the resignation is withdrawn in writing prior to
acceptance.
(2) A resignation that is not accepted as provided under
paragraph (1) shall be deemed accepted after 45 days.
(a.2) Deaths.--A vacancy shall not be created by death until
the next meeting of the board of commissioners.
(b) Vacancy board.--
(1) A vacancy board shall be convened to fill a vacancy
within 15 days if the board of commissioners of a township,
for any reason, fails to fill a vacancy after 30 days. The
board of commissioners may vote to convene the vacancy board
within 30 days of a vacancy if the board of commissioners is
unable, for any reason, to fill the vacancy and shall provide
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a justification at a public meeting.
(2) The vacancy board shall consist of the board of
commissioners and one registered elector of the township, who
shall be appointed by the board of commissioners at the
board's first meeting each calendar year or as soon
thereafter as practical.
(3) The registered elector shall act as chairperson of
the vacancy board and shall serve as the chairperson until
the chairperson's successor is appointed. The chairperson of
the vacancy board may not vote for themselves to fill a
vacancy in any office.
(b.1) Court of common pleas.--The vacancy board chairperson
shall, or in the case of a vacancy in the chairpersonship the
remaining members of the vacancy board shall, petition the court
of common pleas to fill the vacancy by appointing a registered
elector of the township or ward in which the vacancy occurs if
one of the following occur:
(1) the vacancy board fails to fill the position within
15 days; or
(2) the position of vacancy board chairperson is vacant
and the remaining members of the vacancy board provide
justification for the reason the vacancy board is not able to
fill the position sooner than 15 days and vote publicly to
disband.
(b.2) Vacancy in majority of offices.--Notwithstanding any
other subsections in this section, if there are vacancies in a
majority of the offices of commissioners, the court of common
pleas shall fill the vacancies upon presentation of a petition
signed by the remaining commissioners or at least 15 registered
electors of the township. A resignation that precludes a
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majority of commissioners from accepting the resignation shall
create a vacancy on the date specified in the tendered
resignation or, if no date is specified, the second business day
after the day the resignation is tendered, unless sooner
withdrawn in writing.
(b.3) Term.--A registered elector appointed to fill a
vacancy shall hold the office until the first Monday in January
after the first municipal election occurring more than 60 days
after the vacancy occurs. At the first municipal election
occurring more than 60 days after the vacancy occurs, an
eligible person shall be elected to the office for the remainder
of the term. The appointed registered elector must have been a
resident of the township or ward continuously for at least one
year immediately prior to the appointment.
CHAPTER 19
GENERAL PROVISIONS RELATING TO TOWNSHIP OFFICERS
Subchapter
A. General Provisions
B. State Association of Township Officers
C. County Associations of Township Officers
D. Civil Service for Police and Firefighters
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
1901. Oath.
1902. Bonds.
1903. Compensation.
1904. Removal of township officers and appointees.
1905. Annuities.
§ 1901. Oath.
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Each person elected or appointed to a township office in a
township shall, before entering upon the duties of office, take
and subscribe an oath or affirmation of office under 53 Pa.C.S.
§ 1141 (relating to form of oaths of office), before a judge or
magisterial district judge of the county or a notary public. A
copy of the oath or affirmation shall be filed with the township
secretary within 10 days of the taking of the oath.
§ 1902. Bonds.
(a) Requirements.--Except as provided for in subsection (b),
if an officer or employee of a township is required by law or
action of the board of commissioners to give bond for the
faithful performance of the officer's or employee's duties, the
bond must be with a surety company or other company authorized
by law to act as surety. The township shall pay the premium on
the bond, except that the premium on the bond of the township
tax collector shall be paid by the respective taxing districts,
as provided under the act of May 25, 1945 (P.L.1050, No.394),
known as the Local Tax Collection Law.
(b) Insurance.--If an officer or employee of a township,
except for a tax collector, is required to give a bond for the
faithful performance of the officer's or employee's duties, the
board of commissioners may purchase insurance in lieu of a bond
if the insurance covers the same events of loss and insures the
township against the same misconduct as the bond.
§ 1903. Compensation.
(a) Elected officer.--An elected officer of a township,
except for a tax collector, shall receive a salary, compensation
or emoluments of office as fixed by ordinance of the township in
accordance with this part.
(a.1) Treasurer.--Notwithstanding section 34 of the act of
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May 25, 1945 (P.L.1050, No.394), known as the Local Tax
Collection Law, a township treasurer who is the elected tax
collector of the township may receive a salary, compensation or
emoluments of office under subsection (a) for the township
treasurer's work as the township treasurer.
(b) Tax collector.--A tax collector shall receive a salary,
compensation or emoluments of office as fixed by ordinance of
the township in accordance with the Local Tax Collection Law.
(c) Time.--A change in salary, compensation or emoluments of
office of an elected officer shall take effect at the beginning
of the next term of the elected officer.
(d) Appointed officer and employee.--An appointed officer
and employee of the township shall receive compensation for
their services as determined by the board of commissioners.
§ 1904. Removal of township officers and appointees.
(a) Removal of officer.--A township officer, elected or
appointed to fill a vacancy in elective office, shall be
removable from office only by:
(1) impeachment;
(2) the Governor for reasonable cause after due notice
and full hearing on the advice of two-thirds of the Senate;
or
(3) on conviction of misbehavior in office or of an
infamous crime in accordance with the Constitution of
Pennsylvania.
(b) Quo warranto.--Notwithstanding subsection (a), an
officer's title to office may be tried by proceedings of quo
warranto as provided by law.
§ 1905. Annuities.
(a) Post-retirement compensation.--A township may provide,
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by ordinance, an employee of at least 10 years of satisfactory
service and who is at least 60 years of age upon termination of
active employment with the township, a proportion of the
compensation last paid to the employee, not in excess of 50% of
the compensation.
(b) Pension plan.--An arrangement to provide postretirement
compensation to a retired appointee and employee under this
section shall be a pension plan within the meaning of the term
under the act of December 18, 1984 (P.L.1005, No.205), known as
the Municipal Pension Plan Funding Standard and Recovery Act,
and the township establishing the plan shall provide funding of
the pension plan in an amount sufficient to meet the minimum
obligation of the municipality with respect to the pension plan
under the Municipal Pension Plan Funding Standard and Recovery
Act.
(c) Pension system or municipal retirement system.--Nothing
in this section shall be construed to preclude an employee of
the township from joining a pension system or municipal
retirement system that the township may establish or adopt.
(d) Prohibition.--Beginning on December 28, 2020, a township
may not provide for an annuity in lieu of employees joining a
pension or retirement system. Nothing in this subsection shall
be construed to affect the rights of a current or retired
employee or appointee of a township entitled to payments granted
in accordance with an annuity entered into prior to December 28,
2020.
SUBCHAPTER B
STATE ASSOCIATION OF TOWNSHIP OFFICERS
Sec.
1911. State association of township commissioners.
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1912. State association annual meetings and educational
conferences.
1913. State association expenses.
§ 1911. State association of township commissioners.
(a) Authorization.--A State association of township
commissioners may be formed.
(b) Meetings.--The association shall hold annual meetings
and educational conferences at a designated time and place
within this Commonwealth for the purpose of addressing the
interests of the townships. The expenses of the annual meetings
and educational conferences may be paid, in full or in part, by
the townships joining the association.
(c) Bylaws.--The association, at its annual meeting and
educational conference, by majority vote of each of the voting
delegates attending, may adopt and amend bylaws to govern the
association. The bylaws shall govern the qualifications of
delegates, election of officers, the delegates and officers
designation, qualifications and duties, payment of dues and
organizational details. The association shall function under the
bylaws for advancing the interest of and betterment of township
government in townships of the first class.
(d) Dues.--The dues adopted in the bylaws shall be paid by
each township upon becoming a member of the association and
shall be used for association purposes and activities authorized
or ratified by the association or incurred on behalf of the
association by its officers and executive committee.
§ 1912. State association annual meetings and educational
conference.
(a) Annual meeting and educational conference.--A township
commissioner may attend each annual meeting and educational
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conference of the State association of township commissioners.
The board of commissioners shall, by motion, designate at least
one township officer as a delegate to each annual meeting and
educational conference. The delegate shall be a township
commissioner or other township officer. The board of
commissioners may, by motion, designate no more than two
township officers, other than the township commissioners or the
delegate, to attend each annual meeting and educational
conference as nondelegates and authorize township employees to
attend each annual meeting and educational conference.
(b) Conferences or educational training.--In addition to
each annual meeting and educational conference under subsection
(a), the board of commissioners may authorize township officers
and employees of the township to attend other conferences or
educational training of the association.
§ 1913. State association expenses.
(a) Payment.--The board of commissioners shall, for each
delegate and other officer or employee attending the annual
meeting or other conference or educational training of the State
association of township commissioners, pay expenses upon receipt
of an itemized account of expenses. Expenses shall be limited
to:
(1) The registration fee.
(2) Mileage for use of personal vehicle or reimbursement
of actual transportation expense going to and returning from
the meeting, conference or educational training.
(3) Actual expenses that the board of commissioners may
have agreed to pay.
(b) Regular employee rate.--The board of commissioners may
authorize township employees to be compensated at their regular
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employee rate during the employee's attendance at the annual
meeting or other conference or educational training. The board
of commissioners may authorize a commissioner to receive total
or partial reimbursement for lost wages or salary while
attending the annual meeting or other conference or educational
training if sufficient documentation is presented to the board
of commissioners to justify the reimbursement. The maximum time
for which a delegate, township employee or commissioner shall be
reimbursed for lost wages or salary while attending the annual
meeting or other conference or educational training may not be
more than four days, including the time spent traveling to and
from the event.
SUBCHAPTER C
COUNTY ASSOCIATIONS OF TOWNSHIP OFFICERS
Sec.
1921. County associations.
1922. Membership of associations and expenses of members.
1923. Officers of associations and ex officio membership.
§ 1921. County associations.
A county association of township officers may be formed in
the respective counties, or the township officers of at least
two counties may form a joint county or regional association.
The association shall hold annual, semiannual or quarterly
conferences or educational training at the county seats of the
respective counties or some other suitable place within this
Commonwealth for the purpose of advancing the interests of the
townships in the association and the inhabitants of the
townships.
§ 1922. Membership of associations and expenses of members.
(a) Attendance.--The board of commissioners, newly elected
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township commissioners prior to officially taking office and
other township officers designated by the board shall attend the
conferences or educational training if possible. A township
officer attending a conference or educational training shall
receive a certificate, signed by the presiding officer and
secretary or acting secretary of the association, attesting to
the township officer's presence at the conference or educational
training.
(b) Expenses.--The certificate under subsection (a) shall
authorize a township officer to collect from the township
treasurer expenses for the registration fee, mileage for use of
personal vehicle or reimbursement of actual transportation
expenses going to and returning from a conference or educational
training and actual expenses that the board of commissioners may
have agreed to pay. Each officer attending a conference or
educational training shall submit to the board of commissioners
an itemized account of expenses incurred.
(c) Regular employee rate.--The board of commissioners may
authorize township employees to be compensated at their regular
employee rate during their attendance at a conference or
educational training. The board of commissioners may authorize a
commissioner to receive total or partial reimbursement for lost
wages or salary while attending the county conference or
educational training if sufficient documentation of the wages or
salary is presented to the board of commissioners to justify the
reimbursement.
§ 1923. Officers of association and ex officio membership.
(a) Composition.--The officers of an association shall
consist of a president and other officers as determined by the
association's bylaws. Each of the officers, except for a
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secretary, shall be members of the association and shall hold
office as determined by the association's bylaws or until the
officer's successors are chosen.
(b) Membership.--Each township shall have one vote in a
conference. A county association of townships may admit to
membership of the association representatives of political
subdivisions other than townships of the first class within the
county, the judges of the court of common pleas in the county
and engineers or other personnel from the Department of
Transportation. Representatives of political subdivisions other
than townships of the first class within the county, the judges
of the court of common pleas in the county and engineers or
other personnel from the Department of Transportation shall not
be entitled to vote at the conference or hold office in the
association.
SUBCHAPTER D
CIVIL SERVICE FOR POLICE AND FIREFIGHTERS
Sec.
1931. Definitions.
1931.1. Appointments of police and firefighters.
1932. Civil service commission.
1933. Offices incompatible with civil service commissioner.
1934. Organization of commission and quorum.
1935. Clerks and supplies and solicitor.
1936. Rules and regulations.
1937. Minutes and records.
1938. Investigations.
1939. Subpoenas.
1940. Annual report.
1941. General provisions relating to examinations.
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1942. Application for examination.
1943. Rejection of applicant and hearing.
1944. Eligibility list and manner of filling appointments.
1945. Age and applicant's residence.
1946. Probationary period.
1947. Provisional appointments.
1948. Promotions.
1949. Physical and psychological medical examinations.
1950. Removals.
1951. Hearings on dismissals and demotions.
1952. Present employees exempted.
1953. Discrimination prohibited.
1954. Penalty.
§ 1931. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Firefighter." An individual who operates fire apparatus and
devotes the individual's normal working hours to operate a piece
of fire apparatus or other services connected with fire
protection work and who is paid a stated salary or compensation
for the work done by the township.
"Police force." A police force organized and operating as
prescribed by law, the members of which devote normal working
hours to police duty or duty in connection with the bureau,
agencies and services connected with police protection work and
who are paid a stated salary or compensation for the work by the
township.
§ 1931.1. Appointments of police and firefighters.
(a) Applicability.--This subchapter shall not apply to:
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(1) A township having a police force of less than three
members.
(2) A volunteer fire department or company employing
their own firefighters.
(3) A township having less than three salaried
firefighters.
(b) Compensation.--This subchapter is subject to the power
of the board of commissioners to determine compensation.
(c) Qualification.--An appointment to and promotion in the
township's police force or fire department paid directly by the
township shall be made only according to qualifications and
fitness to be ascertained by an examination. An examination for
qualifications and fitness shall be competitive as provided
under this subchapter.
(d) Suspension, removal or demotion.--Except as provided
under this subchapter, an individual may not be suspended,
removed or demoted as a paid employee in a police force or as a
paid firefighter of a township.
(e) Retirement.--Nothing in this subchapter shall apply to
retirement, be construed to prevent a township from adopting a
compulsory retirement age for the township's employees or any
class of employees or to prevent the township from retiring the
township employees automatically when the employees attain the
compulsory retirement age.
§ 1932. Civil service commission.
(a) Establishment.--Subject to section 1931.1(a) (relating
to appointments of police and firefighters), a civil service
commission is established in each township where a police force
or paid firefighters force is maintained.
(b) Composition and terms.--The civil service commission
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shall consist of three civil service commissioners who shall be
qualified electors of the township and shall be appointed by the
board of commissioners initially to serve for the terms of two,
four and six years. On the expiration of the term of a civil
service commissioner, the successor shall be appointed for a
term of six years.
(c) Vacancy.--A vacancy occurring in the civil service
commission shall be filled by the board of commissioners for the
remainder of the unexpired term no later than 30 days after the
vacancy occurs.
(d) Oath.--Before entering upon the discharge of the duties
of office, a civil service commissioner shall take an oath or
affirmation of office in accordance with 53 Pa.C.S. § 1141
(relating to form of oaths of office).
(e) Alternate members.--The board of commissioners may
appoint no more than three qualified electors of the township to
serve as alternate members of the civil service commission. The
term of office of the alternate members shall be six years. If
seated under section 1934 (relating to organization of
commission and quorum), an alternate shall be entitled to
participate in each proceeding and discussion of the civil
service commission to the same and full extent as provided by
law for civil service commission members, including the right to
cast a vote as a voting member during the proceedings, and shall
have the powers and duties under this title and as provided by
law. An alternate may not hold another office in the township.
An alternate may participate in a proceeding or discussion of
the civil service commission but shall not be entitled to vote
as a member of the civil service commission unless designated as
a voting alternate member under section 1934.
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(f) Compensation.--A civil service commissioner may not
receive compensation.
§ 1933. Offices incompatible with civil service commissioner.
A civil service commissioner may not hold an elective or
appointed office under the Federal Government, the Commonwealth
or a political subdivision of the Commonwealth, except that one
member of the civil service commission may be a member of the
board of commissioners.
§ 1934. Organization of commission and quorum.
(a) Initial organization.--
(1) The initial civil service commission appointed shall
organize within 10 days of its appointment and shall elect
one of its members as the chairperson and one as the
secretary.
(2) After organization under paragraph (1), the civil
service commission shall meet and organize within 30 days of
the first Monday of each even-numbered year. Each civil
service commissioner shall be notified in writing of each
meeting.
(b) Quorum.--Three members of the civil service commission
shall constitute a quorum. If, by reason of absence or
disqualification of a member, a quorum is not reached, the
chairperson shall designate as many alternate members of the
civil service commission to sit on the civil service commission
as needed to provide a quorum.
(c) Alternate member.--An alternate member of the civil
service commission shall continue to serve on the civil service
commission in each proceeding involving the matter or case for
which the alternate was initially designated until the civil
service commission has made a final determination of the matter
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or case. Designation of an alternate member under this section
shall be made on a case-by-case basis in rotation according to
declining seniority among each alternate.
(d) Action.--An action by the civil service commission shall
only be valid if the civil service commission has the
concurrence of a majority of the quorum.
§ 1935. Clerks and supplies and solicitor.
The township shall provide to the civil service commission,
on its requisition, clerical assistance necessary for the work
of the civil service commission. The township shall provide a
suitable and convenient room for the use of the civil service
commission. The civil service commission shall order from the
township the necessary stationery, postage, printing or
supplies. The civil service commission may appoint a solicitor.
The township shall pay for the solicitor's services to the civil
service commission. The township may place a reasonable limit on
the amount of compensation authorized each year for the services
of the solicitor. The elected and appointed officials of the
township shall aid the civil service commission in carrying out
this subchapter.
§ 1936. Rules and regulations.
(a) Authority.--
(1) The civil service commission may prescribe, amend
and enforce rules and regulations for effectuating this
subchapter and shall be governed by the civil service
commission's rules and regulations.
(2) The board of commissioners may not promulgate rules
and regulations or amendments to rules and regulations for
effectuating this subchapter. The board of commissioners may
make suggestions regarding proposed rules and regulations or
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amendments to the rules and regulations to members of the
civil service commission for their consideration.
(3) Notwithstanding whether the board of commissioners
makes suggestions regarding proposed rules and regulations or
amendments to the rules and regulations, rules and
regulations or amendments shall be approved by the board of
commissioners before the effective date of the rules and
regulations or amendments. If the rules and regulations or
amendments have been approved by the board of commissioners,
the rules and regulations or amendments may not be abrogated,
amended or added to without the approval of the board of
commissioners.
(b) Minimum qualifications.--The rules and regulations of
the civil service commission shall reflect any minimum
qualifications for police officers and paid firefighters
pertaining to age, educational background, years of experience
and areas of desired special expertise or certifications adopted
by resolution of the board of commissioners.
(c) Public availability.--Each rule and regulation or
amendment to the rules and regulations shall be made available
for public distribution or open to public inspection under the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law.
§ 1937. Minutes and records.
The civil service commission shall keep minutes of its
proceedings and records of examinations and other official
actions. Each recommendation of applicants for appointment
received by the civil service commission shall be kept and
preserved for a period of five years. Records and written causes
of removal filed with the civil service commission, except as
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provided in section 1951 (relating to hearings on dismissals and
demotions), shall be subject to reasonable regulation and open
to public inspection under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
§ 1938. Investigations.
The civil service commission may conduct investigations
concerning matters regarding the administration and enforcement
of this subchapter and rules and regulations promulgated under
this subchapter. The chairperson of the civil service commission
may administer oaths and affirmations in relation to the
investigations.
§ 1939. Subpoenas.
(a) Issuance.--The civil service commission may issue
subpoenas over the signature of the chairperson to require the
attendance of witnesses and the production of records and papers
pertaining to any investigation or inquiry. The fees of
witnesses for attendance and travel shall be the same as for
witnesses appearing in the courts and shall be paid from
appropriations for the incidental expenses of the civil service
commission.
(b) Requirement.--Officers in public service and employees
shall attend and testify if required to do so by the civil
service commission.
(c) Penalty.--If an individual refuses or neglects to obey a
subpoena issued by the civil service commission, the individual
shall, upon conviction, be sentenced to pay a fine of no less
than $250 and not more than $500. If the individual is in
default of the payment of the fine under this subsection, the
individual shall be imprisoned for a period not to exceed 30
days.
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(d) Court of common pleas.--If an individual refuses or
neglects to obey a subpoena issued by the civil service
commission, the civil service commission may petition the court
of common pleas of the county to order the individual to appear
before the civil service commission or the court to testify and
produce records and papers as the civil service commission deems
necessary. If the individual refuses to comply with the court's
order, the individual shall be held in contempt of court.
§ 1940. Annual report.
The civil service commission shall make an annual report to
the board of commissioners containing a brief summary of its
work during the year, which shall be available for public
inspection in accordance with the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
§ 1941. General provisions relating to examinations.
(a) Minimum qualifications and passing grade.--The civil
service commission shall make rules and regulations providing
for the examination of applicants for positions in the police
force and as paid firefighters and for promotions, which shall
prescribe the minimum qualifications of applicants to be
examined and the passing grades. Examinations for positions or
promotions shall be practical in character and shall relate to
matters and include inquiries as will fairly test the merit and
fitness of the individuals examined to discharge the duties of
the employment sought. Examinations shall be open to applicants
who have the minimum qualifications required by the rules and
regulations. Each applicant for examination for an original
position shall:
(1) be subject to the regulations adopted by the civil
service commission;
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(2) either before or after the written examination,
submit to a physical fitness or agility examination that is
job-related and consistent with business necessity;
(3) if made a conditional offer of employment, be given
a physical and psychological medical examination under
section 1949 (relating to physical and psychological medical
examinations); and
(4) be subject to a background investigation. Background
investigations may be restricted to candidates on an
eligibility list or to candidates to be certified to the
board of commissioners for appointment in accordance with
section 1944 (relating to eligibility list and manner of
filling appointments).
(a.1) Promotion.--An applicant for promotion shall be
subject to the regulations adopted by the civil service
commission and to examination and selection in accordance with
section 1948 (relating to promotions). A physical fitness or
agility examination that is job related and consistent with
business necessity and physical and psychological medical
examinations may be required for promotions.
(b) Public notice.--Public notice of the time and place of
each examination and the information as to the kind of position
to be filled shall be given by publication once in a newspaper
of general circulation at least two weeks prior to each
examination. A copy of the notice shall be prominently posted in
the office of the civil service commission or other public
place.
(c) Eligibility list.--The civil service commission shall
post in its office the eligibility list containing the names and
grades of candidates who have passed the examination.
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§ 1942. Application for examination.
An individual who desires to apply for examination must file
with the civil service commission a formal application in which
the applicant shall provide under oath or affirmation
information required by the civil service commission's rules and
regulations showing the applicant's qualifications for the
position for which the applicant is being examined.
§ 1943. Rejection of applicant and hearing.
(a) Refusal.--The civil service commission may refuse to
examine or may refuse to certify after examination as eligible,
an applicant who:
(1) is found to lack any of the minimum qualifications
for examination prescribed in the rules and regulations
adopted for the position or employment for which the
applicant has applied;
(2) is physically unfit for the performance of the
duties of the position or employment for which the applicant
has applied;
(3) is illegally using a controlled substance as defined
in the Controlled Substances Act (Public Law 91-513, 84 Stat.
1236);
(4) has been found guilty of a crime involving moral
turpitude or of infamous or notoriously disgraceful conduct;
(5) has been dismissed from public service for
delinquency or misconduct in office; or
(6) is affiliated with a group which has policies or
engages in activities that are subversive to the form of
government established in Federal or State law.
(b) Hearing.--
(1) If an applicant is aggrieved by the civil service
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commission's refusal to certify the applicant as eligible
after an examination or by the civil service commission's
refusal to examine the individual, the civil service
commission shall, at the request of the applicant or
individual aggrieved, set a date, time and place for a public
hearing within 10 days after the receipt of the request for a
public hearing.
(2) At the public hearing, the applicant or individual
aggrieved may appear with or without counsel and the civil
service commission shall take testimony and review the civil
service commission's refusal to provide the examination or
certification. The deliberations of the civil service
commission regarding the matter, including interim rulings on
evidentiary or procedural issues, may be held as a closed
executive session.
(3) The civil service commission's disposition of the
matter shall constitu te official action which shall occur at
a public meeting held under 65 Pa.C.S. Ch. 7 (relating to
open meetings) and the civil service commission's decision on
the matter shall be final.
§ 1944. Eligibility list and manner of filling appointments.
(a) Rank.--
(1) The civil service commission shall rank the
candidates who have satisfied the minimum requirements for
appointment on an eligibility list at the completion of the
testing process, including a physical agility or other
examination, except for a background investigation to be
conducted after the establishment of an eligibility list and
a physical and psychological medical examination under
section 1949 (relating to physical and psychological medical
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examinations).
(2) The eligibility list shall contain the names of
individuals eligible for appointment listed from highest to
lowest based on the individual's scores on the examinations
administered by the civil service commission and any points
for which the applicant was entitled under 51 Pa.C.S. Ch. 71
(relating to veterans' preference).
(3) The eligibility list shall be valid for one year
from the date the civil service commission formally adopts
the eligibility list. Prior to expiration of the one-year
period, the civil service commission may extend the validity
of the eligibility list for up to an additional 12 months by
a majority vote of the civil service commission at a duly
authorized civil service commission meeting. In the absence
of a lawful extension by the civil service commission, the
list shall expire.
(b) Filling of a position.--Except as provided under
subsection (c), an original position or employment in the police
force or as a paid firefighter, except for the chief of police
or chief of the fire department or an equivalent official, shall
be filled only in the following manner:
(1) The board of commissioners shall notify the civil
service commission of a vacancy which is to be filled and
shall request the certification of an eligibility list.
(2) For each vacancy, the civil service commission shall
certify three individuals from the eligibility list, or a
fewer number of individuals if three individuals are not
available, who have received the highest average for the
vacancy.
(3) The board of commissioners shall make a conditional
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appointment from the certified individuals by the civil
service commission based solely on the merits and fitness of
the certified individuals, unless the board of commissioners
objects to the civil service commission regarding one or more
of the certified individuals for a cause specified under
section 1943 (relating to rejection of applicant and
hearing).
(4) If objections are sustained by the civil service
commission under paragraph (3), or if the conditional
appointee is determined to be unqualified in accordance with
the procedures under section 1949, the civil service
commission shall strike the name of the individual from the
eligibility list and certify the next highest individual from
names stricken from the eligibility list.
(b.1) Subsequent vacancy.--The procedure under subsection
(b) shall be used to fill each subsequent vacancy that occurs in
the same or another position.
(c) Reappointment or reinstatement.--A vacancy in an
existing position in the police force or as a paid firefighter
which occurs as a result of retirement, resignation, disability
or death may be filled by the board of commissioners by the
reappointment or reinstatement of a former employee of the
police force or fire department who had previously complied with
this section. An examination, other than a physical examination
as directed by the civil service commission, may not be required
for reappointment or reinstatement to the force or department
with which the employee previously served, except at the
discretion of the board of commissioners or as required by law.
(d) Chief of police or chief of fire department.--For a
vacancy in the office of chief of police or chief of the fire
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department or equivalent official, the board of commissioners
may nominate an individual to the civil service commission. The
civil service commission shall subject the nominee to a
noncompetitive examination. If the nominee is certified by the
civil service commission as qualified, the nominee may be
appointed to the position and shall be subject to the provisions
of this subdivision.
§ 1945. Age and applicant's residence.
An individual may not apply for examination unless the
individual is at least 18 years of age at the date of
application. The board of commissioners may accept applications
from nonresidents of the township and may require nonresident
police officers and nonresident paid firefighters to become
residents of the township after appointment to the positions.
The rules and regulations of the civil service commission shall
reflect the residency requirements of the board of commissioners
or a collective bargaining agreement or award.
§ 1946. Probationary period.
(a) Duration.--An original appointment to a position in the
police force or as a paid firefighter shall be for a
probationary period of not less than six months and not more
than one year, except that during the probationary period an
appointee may be dismissed only for a cause as provided in
section 1943 (relating to rejection of applicant and hearing) or
because of incapacity for duty due to the use of alcohol or
drugs.
(b) Conduct or fitness.--If, at the close of a probationary
period, the conduct or fitness of the probationer has not been
satisfactory to the board of commissioners, the probationer
shall be notified in writing that the probationer will not
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receive a permanent appointment and the appointment shall cease.
If the probationer is not notified or dismissed in accordance
with this section, the probationer's retention shall be
equivalent to a permanent appointment.
(c) Decision.--The decision of a township to suspend or
discharge a probationer shall be final and shall not be subject
to the hearing provisions under section 1951 (relating to
hearings on dismissals and demotions). The decision of a
township to suspend or discharge a probationer shall be rendered
in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
§ 1947. Provisional appointments.
(a) Noncompetitive examination.--If there are urgent reasons
for the filling of a vacancy in a position in the police force
and there are no names on the eligibility list for the
appointment, the board of commissioners may nominate an
individual to the civil service commission for a noncompetitive
examination. If the nominee is certified by the civil service
commission as qualified after the noncompetitive examination,
the nominee may be provisionally appointed to fill the vacancy.
(b) Competitive examination.--Within 90 days of the
provisional appointment under subsection (a), the civil service
commission shall hold a competitive examination, certify an
eligibility list and make a regular appointment to the position
under section 1944 (relating to eligibility list and manner of
filling appointments) from the names submitted by the civil
service commission. Nothing in this section shall be construed
to prevent the appointment without an examination of individuals
temporarily as police officers in cases of riot or other
emergencies or firefighters in cases of emergency.
§ 1948. Promotions.
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(a) Basis.--A promotion shall be based on merit to be
ascertained by an examination to be prescribed by the civil
service commission. Questions relative to a promotion shall be
practical in character and fairly test the merit and fitness of
an individual seeking promotion.
(b) Notification.--The board of commissioners shall notify
the civil service commission of a vacancy on the police force or
fire department which is to be filled by promotion and shall
request the certification of an eligibility list.
(c) Certification.--The civil service commission shall
certify for each vacancy the names of three individuals on the
eligibility list who have received the highest average in the
last promotion examination held within a period of two years
preceding the date of the request for the eligibility list. If
three names are not available, the civil service commission
shall certify the names remaining on the eligibility list. The
board of commissioners shall make an appointment from the names
certified, based solely on the merits and fitness of the
candidate, unless the board of commissioners make objections to
the civil service commission regarding an individual on the
eligibility list for any reason provided under section 1943
(relating to rejection of applicant and hearing).
(d) Salary.--The board of commissioners may determine in
each instance whether an increase in salary constitutes a
promotion.
§ 1949. Physical and psychological medical examinations.
(a) Conditional offers.--An applicant selected from the
eligibility list shall receive a conditional offer of
employment. The offer of employment shall be conditioned upon
the conditional employee undergoing a physical and psychological
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medical examination and a determination that the conditional
employee is capable of performing all the essential functions of
the position. Physical medical examinations shall be conducted
under the direction of a physician or other qualified medical
professional. Psychological medical examinations shall be
conducted under the direction of a psychiatrist or psychologist.
(b) Fitness.--The physician, other qualified medical
professional, psychiatrist or psychologist shall be appointed by
the board of commissioners and shall render an opinion as to
whether the conditional appointee has a physical or mental
condition which calls into question the individual's ability to
perform all of the essential functions of the position for which
the individual was conditionally appointed.
(c) Interactive discussion.--If the opinion rendered by the
physician, other qualified medical professional, psychiatrist or
psychologist calls into question the conditional appointee's
ability to perform all essential functions of a position, an
individual designated by the board of commissioners shall meet
with the conditional appointee for the purpose of having one or
more interactive discussions on whether the conditional
appointee can, with or without reasonable accommodation, perform
all the essential functions of the position.
(d) Found not qualified.--If, at the conclusion of the
interactive discussion conducted under subsection (c), the board
of commissioners determine that the conditional appointee is not
qualified, the board of commissioners shall give written notice
to the conditional appointee and the commission.
(e) Construction.--Nothing in this subchapter shall be
construed to authorize physical or psychological medical
examinations prior to conditional appointment.
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(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Medical examination." An examination, procedure, inquiry or
test designed to obtain information about medical history or a
physical or mental condition which might disqualify an applicant
if it would prevent the applicant from performing, with or
without a reasonable accommodation, all of the essential
functions of the position.
"Qualified medical professional." An individual, in
collaboration with or under the supervision or direction of a
physician, as may be required by law, who is licensed:
(1) As a physician assistant under the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act
of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act.
(2) As a certified registered nurse practitioner under
the act of May 22, 1951 (P.L.317, No.69), known as The
Professional Nursing Law.
§ 1950. Removals.
(a) Police or fire force employees.--An individual employed
in a police or fire force of a township may not be suspended
without pay, removed or demoted except for the following
reasons:
(1) Physical or mental disability affecting the
individual's ability to continue in service, in which case
the individual shall receive an honorable discharge from
service.
(2) Neglect or violation of any official duty.
(3) Violation of any law of this Commonwealth, if the
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violation constitutes a misdemeanor or felony.
(4) Inefficiency, neglect, intemperance or disobedience
of orders or conduct unbecoming an officer.
(5) Intoxication while on duty.
(6) Engaging or participating in the conduct of a
political or election campaign otherwise than to exercise the
individual's own right of suffrage, except that this clause
shall only apply to a police officer while on duty or in
uniform or while using township property.
(7) Engaging or participating in the conduct of a
political or election campaign for an incompatible office
under section 4101 (relating to appointment, compensation and
training of police officers).
(a.1) Limitations.--An individual employed by a police or
fire force may not be removed for religious, racial or political
reasons.
(a.2) Written statement.--A written statement of charges
made against an employee shall be furnished to the individual
within five days after the statement of charges are filed with
the commission. The individual shall have 10 days from the date
of receiving the notice to submit a written request for a
hearing to the commission under section 1951 (relating to
hearings on dismissals and demotions).
(b) Necessary reduction.--If, for reasons of economy or
other reasons, the township deems necessary a reduction of the
number of paid employees of the police or fire force, the
township shall furlough the individual, including a probationer,
last appointed to the respective force. The removal shall be
accomplished by furloughing in numerical order commencing with
the individual last appointed until the reduction has been
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accomplished. If the police or fire force shall again be
increased, the employees furloughed shall be reinstated in the
order of the employee's seniority in the respective service.
This subsection, as to reductions in force, is not applicable to
a chief of police or fire chief.
§ 1951. Hearings on dismissals and demotions.
(a) Answers and hearings.--An individual suspended, removed
or demoted may make written answers to charges filed against the
individual no later than the day scheduled for the hearing. The
civil service commission shall grant the individual a hearing
which shall be held within a period of 10 days from the filing
of written charges, unless continued by the civil service
commission for cause at the request of the board of
commissioners or the accused. The failure of the civil service
commission to hold a hearing within 10 days from the filing of
the written charges may not result in the dismissal of the
charges filed.
(b) Suspension without pay.--At a hearing, the individual
against whom the charges are made may be present in person and
by counsel. The board of commissioners, or the chief of police
or fire chief, as applicable, when the board of commissioners is
not in session, may suspend the individual without pay pending
the determination of the charges against the individual. The
following shall apply:
(1) If the civil service commission fails to uphold the
charges, the individual sought to be suspended, removed or
demoted shall be reinstated with full pay for the period
during which the individual was suspended, removed or
demoted, and no charges shall be officially recorded against
the individual's record.
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(2) A stenographic record of all testimony taken at the
hearings shall be filed with and preserved by the civil
service commission.
(3) The stenographic record shall be sealed and not be
available for public inspection if the charges are dismissed.
(c) Appeal.--All parties shall have immediate right of
appeal to the court of common pleas of the county and the case
shall be determined as the court deems proper. No order of
suspension made by the civil service commission shall be for a
longer period than one year. The appeal shall be taken within 30
days from the date of entry by the civil service commission of
the final order and shall be by petition. Upon the appeal being
taken and docketed, the court of common pleas shall schedule a
day for a hearing and shall proceed to hear the appeal on the
original record and additional proof or testimony as the parties
concerned may desire to offer in evidence. The decision of the
court affirming or reversing the decision of the commission
shall be final and the employee shall be suspended, discharged,
demoted or reinstated in accordance with the order of the court.
(d) Counsel.--The board of commissioners and the individual
sought to be suspended, removed or demoted shall at all times
have the right to employ counsel before the civil service
commission and upon appeal to the court of common pleas. Unless
the board of commissioners or the individual sought to be
suspended, removed or demoted requests that the proceedings
before the commission be open to the public, the proceedings
before the commission under this section shall be held in the
nature of a closed executive session that shall not be open to
the public. The request shall be presented to the civil service
commission before the civil service hearing commences. The
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deliberations of the civil service commission, including interim
rulings on evidentiary or procedural issues, may be held in
private and may not be subject to a request for being open to
the public by the board of commissioners or the individual
sought to be suspended, removed or demoted. The civil service
commission's disposition of the disciplinary action shall
constitute official action which shall occur at a public meeting
held under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(e) Collective bargaining members.--In a case in which a
police officer or firefighter who is a member of a bargaining
unit is subject to suspension, discharge or discipline, the
police officer or firefighter shall have the option of
challenging the suspension, discharge or discipline imposed by
using the procedures in this section or by a proceeding in
grievance arbitration. A choice to proceed either by the
procedures provided for in this section or by grievance
arbitration forecloses the opportunity to proceed in the
alternative method.
§ 1952. Present employees exempted.
All appointments in the police or fire forces of townships,
including the chief of police or equivalent official, prior to
the creation of a civil service commission, shall continue to
hold their positions and may not be required to take an
examination under this chapter except that which may be required
for promotion. This section may not be construed to apply to
individuals employed temporarily in emergency cases.
§ 1953. Discrimination prohibited.
(a) Application questions.--No question in a form of
application for examination or in an examination or inquiry
shall be so framed as to elicit information from an applicant in
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violation of Federal or State antidiscrimination laws, including
the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241)
or the act of October 27, 1955 (P.L.744, No.222), known as the
Pennsylvania Human Relations Act. All disclosures by an
applicant of information protected by antidiscrimination laws
shall be ignored.
(b) Discrimination prohibited.--No discrimination shall be
exercised, threatened or promised by a person against or in
favor of an applicant or employee in violation of Federal or
State antidiscrimination laws, including the Civil Rights Act of
1964 or the Pennsylvania Human Relations Act, and no offer or
promise of reward, favor or benefit, directly or indirectly,
shall be made to or received by an individual for an act or
omission or to be done under this chapter.
§ 1954. Penalty.
The following shall be considered a misdemeanor and, upon
conviction, the individual shall be sentenced to pay a fine of
not more than $500 or to imprisonment for not more than 90 days,
or both:
(1) A township commissioner who, by vote, appoints an
individual to the police force or as a firefighter contrary
to this chapter.
(2) A township commissioner or member of the civil
service commission who willfully refuses to comply with or
conform to this chapter.
CHAPTER 21
TOWNSHIP COMMISSIONERS
Sec.
2101. Organization and failure to organize.
2102. Monthly meetings, quorum and voting.
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2103. Compensation.
2104. Reports to auditors.
§ 2101. Organization and failure to organize.
(a) Organization.--The board of commissioners shall organize
on the first Monday of January of each even-numbered year. If
the first Monday is a legal holiday, the meeting shall be held
the following day. The board of commissioners shall assemble for
the organizational meeting at the place of meeting at a time
convenient to the governing body.
(b) President and vice president.--At the organizational
meeting, the board shall elect one member as president and one
as vice president, who, as long as the member continues to be a
commissioner, shall hold office until the successors are elected
and qualified. The president, or, in the president's absence,
the vice president, shall preside at all meetings of the board,
and perform other duties as are specified in this chapter or
which may be prescribed by ordinance.
(b.1) Failure to form quorum.--If a majority of the board of
commissioners does not attend the organization meeting, those
present may adjourn the meeting from day to day until a majority
attend.
(c) Failure to organize.--If the board of commissioners of a
township fails to organize within 10 days as required under this
section, the court of common pleas, upon the petition of at
least 10 registered electors, verified by the affidavit of one
of the petitioners, shall issue a rule upon the delinquent
commissioners to show cause why the seats should not be declared
vacant. The rule shall be returnable not less than five days
from the time of its issue, and after hearing, the court may
declare the seats of the members of the board responsible for
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the failure to organize vacant and shall appoint others to hold
office for the respective unexpired terms.
(d) Classification of meeting.--The organizational meeting
under this section may be considered a regular monthly meeting
for the transaction of business that may come before the board
of commissioners. The first order of business at this meeting
shall be organization of the board. The board of commissioners
may, at the organizational meeting, appoint other officers as
may be provided for by law or ordinance, or as may be deemed
necessary for the conduct of affairs of the township.
§ 2102. Monthly meetings, quorum and voting.
(a) Required meetings.--The board of commissioners shall
meet at least once a month, at a time and place designated by
ordinance.
(b) Quorum.--A majority of the members of the board of
commissioners shall constitute a quorum. Except as provided in
subsection (b.1)(1)(i), only members of the board of
commissioners physically present at a meeting place within the
township shall be counted in establishing a quorum.
(b.1) Telecommunication.--
(1) The board of commissioners may, under an established
telecommunications policy and under paragraph (2), provide
for the participation of members of the board in township
meetings by means of telecommunication devices, including
telephones or computer terminals, which permit, at a minimum,
audio communication between locations, if the following
apply:
(i) A majority of the members of the board is
physically present at the advertised meeting place within
the township and a quorum is established at the convening
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or reconvening of the meeting. If, after the convening or
reconvening of a meeting, a member of the board has been
disqualified from voting as a matter of law, and is still
physically present, members of the board participating by
telecommunication device in accordance with this section
shall be counted to maintain a quorum.
(ii) The telecommunication device used permits the
member or members of the board not physically present at
the meeting to:
(A) speak to and hear the comments and votes, if
any, of the members of the board who are physically
present, as well as other members of the board who
may not be physically present and are also using a
telecommunication device to participate in the
meeting; and
(B) speak to and hear the comments of the public
who are physically present at the meeting.
(iii) The telecommunication device used permits the
members of the board and the members of the public who
are physically present at the meeting to speak to and
hear the comments and the vote, if any, of the member or
members of the board who are not physically present at
the meeting.
(2) Any changes to the board of commissioners'
established telecommunications policy shall become effective
no sooner than 30 days following the vote to change the
policy.
(3) Nothing in this subsection shall be construed to
limit the protections and prohibitions contained in any law
or regulation relating to the rights of the disabled.
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(c) Disqualification limited.--A member of the board may not
be disqualified from voting on an issue before the board solely
because the member had previously expressed an opinion on the
issue in either an official or unofficial capacity.
§ 2103. Compensation.
(a) Salary.--Each township commissioner may receive a
salary, established by ordinance, as follows:
(1) In townships with a population of less than 5,000, a
maximum of $3,145 per year.
(2) In townships with a population of 5,000 or more but
less than 10,000, a maximum of $4,190 per year.
(3) In townships with a population of 10,000 or more but
less than 15,000, a maximum of $5,450 per year.
(4) In townships with a population of 15,000 or more but
less than 25,000, a maximum of $6,915 per year.
(5) In townships with a population of 25,000 or more but
less than 35,000, a maximum of $7,335 per year.
(6) In townships with a population of 35,000 or more but
less than 45,000, a maximum of $8,385 per year.
(7) In townships with a population of 45,000 or more, a
maximum of $210 per year per 1,000 residents or fraction of
1,000.
(a.1) Timing and benefits.--The salaries shall be payable
monthly or quarterly for the duties imposed by this chapter.
Benefits provided to the commissioners under section 43 46
(relating to insurance) may not be considered pay, salary or
compensation. Payment for all or a part of the premiums or
charges for the benefits shall be in accordance with section
4346 .
(a.2) Per-meeting compensation.--Notwithstanding subsection
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(a), the board of commissioners may provide for a member of the
board of commissioners to receive compensation on a per-meeting
basis based on attendance of board members. Total annual
compensation may not exceed the amounts specified in subsection
(a). Compensation shall only be payable for duly advertised
public meetings in which a member of the board of commissioners
participated, except compensation is not payable if a board
member is absent from a meeting and the absence is not excused.
An excused absence from a meeting shall be determined by council
and shall include, but not be limited to, an emergency or
illness of the board member or the board member's immediate
family, as well as family or business travel. The board of
commissioners may require documentation to support an excused
absence.
(b) Census.--The population shall be determined by the
latest available Federal decennial census figures. No township
shall be required to reduce the salary of a commissioner as a
result of a decrease in population. A change in salary,
compensation or emoluments of the elected office shall become
effective at the beginning of the next term of the township
commissioner.
§ 2104. Reports to auditors.
The board of commissioners shall annually, on or before the
first day of February, furnish to the township auditors
information concerning the construction, reconstruction,
maintenance and repair of streets or other matters that may be
required by a department of the Commonwealth to be included in
the annual township report.
CHAPTER 23
APPOINTED TOWNSHIP TREASURER
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Sec.
2301. Township treasurer.
2302. Treasurer's and deputy treasurer's bond.
2303. Treasurer's duties.
2304. Penalty for failure to perform duties.
2305. Use of special funds and penalty.
2306. Depositories of township funds.
§ 2301. Township treasurer.
(a) Appointment.--The board of commissioners shall appoint a
township treasurer, who may be the elected tax collector or an
employee of the township, to serve at the pleasure of the board
of commissioners. The township treasurer may not be a member of
the board of commissioners.
(b) Compensation.--The board of commissioners shall
determine the compensation of the township treasurer.
Notwithstanding section 34 of the act of May 25, 1945 (P.L.1050,
No.394), known as the Local Tax Collection Law, a township
treasurer who is the elected tax collector of the township may
receive a salary, compensation or emoluments of office for the
treasurer's work.
(c) Deputy.--
(1) The township treasurer shall, within 60 days of the
treasurer's appointment, nominate to the board of
commissioners a person to be appointed by the board as the
deputy treasurer. The board may, subject to the nominated
person meeting the bonding qualifications in paragraph (3),
appoint the nominated person as the deputy treasurer.
(2) The deputy treasurer shall have the rights and
powers and shall perform the duties of the township treasurer
if the township treasurer is unable to perform the duties of
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office due to sickness, absence or inability to act. If the
township treasurer is unable to perform the duties of office
and has failed to nominate a person for appointment as the
deputy treasurer, the board of commissioners may appoint a
deputy treasurer. The deputy treasurer shall serve until the
township treasurer is again able to perform the duties of the
office.
(3) The deputy treasurer shall be bonded for the same
amount, and in the same manner under section 2302 (relating
to treasurer's and deputy treasurer's bond), as the township
treasurer when acting in the capacity of township treasurer.
The board of commissioners shall determine the compensation
of the deputy treasurer.
§ 2302. Treasurer's and deputy treasurer's bond.
(a) Requirements for bond.--The township treasurer shall,
before entering upon the duties of office, give a fidelity bond
to the township in an amount established by ordinance or
resolution and at least equal to 50% of the amount of township
funds estimated by the board of commissioners to be available to
the township treasurer at any time during the current year. The
bond shall be provided by a surety company or companies duly
authorized to do business in this Commonwealth. The bond given
by the treasurer shall be conditioned on the faithful
performance of the duties as stated in section 2303 (relating to
treasurer's duties). The treasurer may not be required to give
bond or bonds aggregating an amount in excess of the taxes to be
paid over to the treasurer by the tax collector. The bonding
requirements of this section shall also apply to the deputy
treasurer.
(b) Insurance in lieu of bond.--In lieu of the bond required
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for the faithful performance by the township treasurer or deputy
treasurer of official duties other than those of tax collector,
the board of commissioners may purchase insurance under section
1902(b) (relating to bonds).
§ 2303. Treasurer's duties.
The township treasurer shall:
(1) Receive all money due the township and promptly
deposit the money in a designated depository in the name of
the township.
(2) Keep distinct and accurate accounts of all sums
received from taxes and other sources, which accounts shall
be open to the inspection of the board of commissioners,
township auditor or controller.
(3) Annually submit the accounts to the township
auditors or controller for audit.
(4) Pay out all money of the township only on direction
by the board of commissioners, upon an order signed by the
president or vice president and attested by the secretary or
assistant secretary of the board and designating the
appropriation out of which the order shall be paid. The order
may not be executed unless there is money available in the
treasury. The following apply:
(i) Nothing in this title shall be construed to
preclude the use of electronic signatures and
transactions to the extent authorized by the act of
December 16, 1999 (P.L.971, No.69), known as the
Electronic Transactions Act, or any other law.
(ii) When a treasurer pays out money except upon
orders or pays money in excess of the appropriation, the
treasurer shall receive no credit in the settlement of
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the treasurer's accounts for those amounts, nor shall the
treasurer have any claim or right of action against the
township.
(5) Preserve the account books, papers, documents and
other records of the office and turn them over to the
successor in office.
(6) Pay over to the successor any balance in money
remaining in the treasurer's accounts or charged against the
treasurer in the settlement of the treasurer's accounts.
§ 2304. Penalty for failure to perform duties.
A township treasurer or deputy treasurer who fails to perform
any duties of the office other than those for which specific
penalties are provided commits a summary offense and, in
addition to the fine or penalty which may be imposed upon
conviction, is required to pay to the township an amount equal
to the amount of the financial loss that occurred, if any, for
not performing the duties of the office. That person is
disqualified from holding the office of township treasurer or
deputy treasurer.
§ 2305. Use of special funds and penalty.
When money is collected for a special purpose, a township
treasurer or township commissioner may not apply that money to
any purpose other than that for which it was collected. Every
misapplication shall be a misdemeanor of the third degree, and,
in addition to the fine or penalty which may be imposed upon
conviction, the defendant shall be required to pay restitution
in the amount of money improperly spent.
§ 2306. Depositories of township funds.
The following shall apply:
(1) The board of commissioners shall designate by
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resolution a depository or depositories for township funds.
Money deposited with a banking institution of this
Commonwealth shall be insured with the Federal Deposit
Insurance Corporation or the National Credit Union Share
Insurance Fund or their successor agencies, to the extent
that accounts are insured. The designation is valid for a
period of one year or until another depository or other
depositories are designated by similar action of the board of
commissioners.
(2) The depository or depositories shall be banks,
banking institutions or trust companies located in this
Commonwealth.
(3) The depository or depositories may not be required
to furnish bond or collateral security to cover the amount of
any deposit to the extent that the deposit is insured as in
paragraph (1).
(4) The township treasurer or deputy treasurer shall,
upon the designation of the depository or depositories by the
board of commissioners, immediately transfer to the
depository or depositories the township funds and after that
make deposits solely in the depository or depositories in the
name of the township.
(5) The township treasurer or deputy treasurer, acting
in accordance with law, may not be liable for the loss of
township funds caused solely by the insolvency or negligence
of the depository or depositories.
(6) The following apply:
(i) The designated depositories shall, upon receipt
of notice of their selection as a depository of township
funds, collateralize deposits of public funds in
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accordance with the act of August 6, 1971 (P.L.281,
No.72), entitled, "An act standardizing the procedures
for pledges of assets to secure deposits of public funds
with banking institutions pursuant to other laws;
establishing a standard rule for the types, amounts and
valuations of assets eligible to be used as collateral
for deposits of public funds; permitting assets to be
pledged against deposits on a pooled basis; and
authorizing the appointment of custodians to act as
pledgees of assets ," which authorizes financial
institutions to pledge collateral in an account in the
name of the township or utilize a letter of credit from
the Federal Home Loan Bank, to secure public deposits in
excess of Federal Deposit Insurance Corporation insurance
limits. The depository shall provide a monthly report
within 15 days after the end of each month to the board
of commissioners in accordance with the reporting
requirements in the act of August 6, 1971 (P.L.281,
No.72) , including the composition of the collateral and
related market value.
(ii) Townships may elect to require that
depositories must pledge collateral in an account in the
name of the township to collateralize deposits above the
Federal Deposit Insurance Corporation limit. These
accounts may be custodied with the depository's trust
department or at a third-party financial institution. The
arrangement with the depository may be governed by a
written agreement, approved by the board of directors or
loan committee of the depository, with approval reflected
in the minutes of the board or committee, which are kept
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continuously as an official record of the depository, and
include the following if collateral is pledged instead of
a Federal Home Loan Bank Letter of Credit:
(A) Collateral shall be marked to market no less
frequently than weekly.
(B) Collateral shall be in investments as
prescribed in the investment program provided by the
board of investment or board of commissioners.
(C) If the financial institution serves as the
custodian, the pledged collateral shall be held in a
separate account established under the act of August
6, 1971 (P.L.281, No.72), in the depository's trust
department.
(D) The market value of the pledged collateral
shall be at least 102% of the township's deposits in
excess of federally insured limits.
(E) A monthly report shall be provided as
specified in subparagraph (i).
CHAPTER 25
TAX COLLECTOR
Sec.
2501. Powers and duties of tax collector.
§ 2501. Powers and duties of tax collector.
(a) Collection of taxes required.--The township tax
collector shall collect all county, institution district,
township, school and other taxes levied within the townships by
authorities authorized to levy taxes.
(b) Collection of taxes permitted.--
(1) The tax collector may also be designated in the tax-
levying ordinance or resolution or be employed by the tax-
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levying authority to collect taxes levied under the act of
December 31, 1965 (P.L.1257, No.511), known as The Local Tax
Enabling Act.
(2) No ordinance or resolution may authorize the
collection of income taxes in a manner other than as provided
in Chapter 5 of The Local Tax Enabling Act.
(c) Other powers and duties.--In addition to the powers,
duties and responsibilities under this chapter, the tax
collector shall exercise all the powers and perform all the
duties and be subject to all the obligations and
responsibilities for the collection of taxes as are conferred
upon tax collectors by law.
CHAPTER 27
TOWNSHIP SECRETARY
Sec.
2701. Appointment of secretary and salary.
2702. Assistant secretary.
2703. Duties.
2704. Records open to inspection.
§ 2701. Appointment of secretary and salary.
The board of commissioners shall appoint a secretary to serve
at the pleasure of the board and who may not be a member of the
board. The secretary shall act as secretary of the board. The
secretary's salary shall be fixed by ordinance or resolution.
§ 2702. Assistant secretary.
The board of commissioners may, by resolution, appoint an
assistant secretary. The assistant secretary shall assist the
secretary in the performance of the secretary's duties and, in
the absence or disability of the secretary, perform the duties
and exercise the powers of the secretary. The compensation of an
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assistant secretary shall be determined by the board of
commissioners and the assistant secretary shall be required to
give bond in an amount as required by the board of
commissioners. The assistant secretary may be appointed from the
membership of the board of commissioners but may not be any
other officer of the board. If a member of the board of
commissioners is appointed as the assistant secretary, the
appointed member may not receive compensation for the services
and shall be bonded.
§ 2703. Duties.
(a) Duties.--The secretary of a township shall:
(1) Record the proceedings of the board of
commissioners.
(2) Preserve the minutes and other records and documents
of the township and turn them over to the successor in
office.
(3) Record appropriations made by the board of
commissioners and the amounts charged to each appropriation.
(4) Perform other duties as required by law or the board
of commissioners.
(b) Equipment and supplies.--The township shall furnish the
secretary with the necessary equipment and supplies as are
necessary for the conduct of the office, which shall be and
remain the property of the township.
§ 2704. Records open to inspection.
The minutes and other records and documents of every township
shall be open in accordance with the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law.
CHAPTER 29
AUDITORS
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Subchapter
A. Elected Auditors
B. Appointed Independent Auditor
SUBCHAPTER A
ELECTED AUDITORS
Sec.
2901. Meetings and general duties.
2902. Compensation.
2903. Subpoenas, oaths and perjury.
2904. Completion , filing and publication of auditor's report
and financial statement.
2905. Canceling orders.
2906. Penalty for failure to perform duty.
2907. Attorney to auditors.
2908. Surcharge by auditors.
2909. Balances due to be entered as judgments.
2910. Collection of surcharges.
2911. Appeals from report.
2912. Appeal bond.
2913. Procedure on appeals.
2914. Findings of facts and law, judgment and appeals.
2915. Cost of appeals.
2916. Attorney fees.
§ 2901. Meetings and general duties.
(a) Meetings.--The township auditors shall meet annually, on
the day following the day which is fixed by this part for the
organization of the township commissioners. The auditors shall
organize by the election of a chair and secretary. Two auditors
shall constitute a quorum.
(b) Duties.--The auditors shall:
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(1) Audit, settle and adjust the accounts of the
township commissioners, township treasurer, tax collector,
secretary and other officers and individuals receiving and
disbursing or authorizing the disbursement of the money of
the township during the preceding fiscal year.
(2) Audit the dockets, transcripts and other official
records of the offices of the magisterial district judge of
the township to determine the amounts of fines and costs paid
or due to the township. A magisterial district judge of the
township shall open and make available to the auditors their
dockets, transcripts, records and all other official books or
papers for the purpose of the audit. If a magisterial
district judge charges a fine contrary to ordinances, or to
an act which makes the fine payable to the township, the
auditors have the power to surcharge the magisterial district
judge in the amount undercharged.
(3) As directed by the board of commissioners, audit and
report to the board of commissioners on the accounts of every
officer of the township, upon the death, resignation, removal
or expiration of the term of the officer.
(c) Audit location.--Unless otherwise agreed to by the
auditors and the person being audited, the audit shall be
conducted at the place the records of the person are normally
kept.
§ 2902. Compensation.
(a) Per diem.--Subject to the limitations in subsection (b),
each auditor shall receive $20 per diem, to be paid by the
township, for each day necessarily employed in the discharge of
the auditor's duties. A day shall consist of not less than five
hours in the aggregate.
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(b) Limitations.--A township auditor may not be entitled to
receive compensation for more than the following number of days:
(1) In townships with a population of less than 3,000, a
maximum of 20 days.
(2) In townships with a population of 3,000 or more but
less than 10,000, a maximum of 30 days.
(3) In townships with a population of 10,000 or more, a
maximum of 40 days.
§ 2903. Subpoenas, oaths and perjury.
(a) Powers.--The auditors of each township may:
(1) Issue subpoenas to obtain the attendance of:
(i) the officers and persons whose accounts the
auditors are required to adjust;
(ii) executors and administrators of an office under
subparagraph (i); and
(iii) a person whom it may be necessary to examine
as a witness.
(2) Compel the production of documents, including
financial records, relative to township accounts. If a person
refuses or neglects to appear, produce documents or testify,
the auditors shall petition the court of common pleas of the
county to issue a subpoena to the person and to require the
person to produce documents or appear and testify before the
court. The court shall issue the subpoena if it deems the
documents or testimony relevant to the issue.
(b) Oaths.--The auditors may administer oaths and
affirmations to all persons brought or appearing before them,
whether accountants, witnesses or otherwise. A person swearing
or affirming falsely upon examination is guilty of perjury.
§ 2904. Completion, filing and publication of auditor's report
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and financial statement.
(a) Audit.--The auditors shall complete the annual audit,
settlement and adjustment prior to June 30.
(b) The auditors shall, within 10 days after the completion
of the report under subsection (c), publish, by advertisement in
at least one newspaper of general circulation in accordance with
the provisions of section 1107 (relating to legal advertising),
concise financial information prepared or approved by the
auditors and consistent with the audited financial statements
for total assets, total liabilities and total net position at
the end of the fiscal year and total revenue, total expenses and
changes in total net position for that fiscal year and a
reference to a place within the township where copies of the
financial statements and accompanying auditors' report may be
examined. If the full financial statements and accompanying
auditors' report are not published, copies shall be supplied to
the publishing newspaper when the request for publication is
submitted.
(c) Form.--The annual auditors' report and annual financial
statement shall be presented on a uniform form prepared and
furnished as provided in section 4903 (relating to uniform
financial report and forms).
(d) Requirements.--The auditors' report and financial
statement shall be signed by all of the auditors, and the
auditors' report shall be duly verified by the oath of one of
the auditors. A secretary of the auditors shall file a copy of
the report with the secretary of the township, the clerk of the
court or the prothonotary, as may be provided by local rules of
court, the Department of Community and Economic Development and
the Department of Transportation not later than June 30 of each
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year. A secretary of the auditors refusing or willfully
neglecting to file the report commits a summary offense. If the
failure to file the report within the period specified is due to
the failure of one or more of the auditors to prepare the
statement upon which the report is to be based, the auditor
commits a summary offense.
§ 2905. Canceling orders.
The auditors shall cancel an order or voucher that the
auditors find has been paid by writing or stamping the word
"audited" on the face of the order or voucher.
§ 2906 . Penalty for failure to perform duty.
An auditor who fails to comply with the provisions of this
subchapter commits a summary offense.
§ 2907. Attorney to auditors.
(a) Employment.--The auditors may employ an attorney if a
disagreement occurs between the auditors and an official or a
board of officials whose accounts the auditors are required to
audit. The attorney shall not be employed under this subsection
until all of the following occur:
(1) Reasonable efforts to reach an agreement have been
made.
(2) Notice of the auditors' intention to hire the
attorney has been given to the official or board of
officials.
(b) Compensation.--The auditors, with the agreement of the
board of commissioners, shall determine the compensation to be
paid to the attorney. If the auditors and board of commissioners
cannot agree on the compensation, upon petition of the auditors,
the court of common pleas shall establish the compensation for
the attorney employed by the auditors. The compensation for the
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attorney shall be paid out of the township general fund.
§ 2908. Surcharge by auditors.
(a) Surcharge authorized.--The amount of a balance or
shortage or an expenditure of a kind or made in a manner
prohibited or not authorized by the laws of this Commonwealth
that causes a financial loss to the township shall be a
surcharge against any of the following:
(1) An officer or person responsible for the balance or
shortage.
(2) An individual who has permitted or approved the
expenditure by a vote, an act or neglect.
(b) Surcharge limitations.--
(1) An elected or appointed officer of a township or a
person may not be surcharged for an act, error or omission in
excess of the actual financial loss sustained by the
township.
(2) The imposition of a surcharge shall be based on the
results of the act, error or omission and the results had the
procedure been conducted in accordance with the laws of this
Commonwealth. The surcharge may not exceed the difference
between the costs actually incurred by the township and the
costs that would have been incurred had the authorized
procedures been conducted in accordance with law.
(3) Paragraph (1) shall not apply to a case involving
fraud or collusion by an elected or appointed officer or to a
penalty payable to the Commonwealth. Notwithstanding the
provisions of this section, the procedures in the act of May
25, 1945 (P.L.1050, No.394), known as the Local Tax
Collection Law, shall apply to balances and shortages in the
tax accounts of the tax collector.
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(4) An elected or appointed officer of a township may
not be surcharged if the officer acted in good faith reliance
on a written, nonconfidential opinion of the solicitor of the
township or on an opinion of the solicitor of the township
publicly stated at an open meeting of the township and
recorded in the official minutes of the meeting. This
paragraph shall not apply if a solicitor's opinion has been
rendered under duress or if the parties seeking and rendering
the solicitor's opinion have colluded to purposefully commit
a violation of law. As used in this paragraph, the term
"solicitor" includes a special counsel appointed by the
township for a specific matter.
(c) Penalties.--In a matter involving a financial
transaction, an elected or appointed officer knowingly and
willfully acting in violation of law commits a misdemeanor of
third degree and, upon conviction, may be sentenced to pay a
fine not to exceed $100.
§ 2909. Balances due to be entered as judgments.
A balance against an elected or appointed officer of the
township in a report of the auditors shall constitute a
surcharge against the officer in the same manner as a balance
expressly stated in the report to be a surcharge. The amount of
a balance and any express surcharge shall, if no appeal is taken
or after an appeal has been finally determined in favor of the
township, be entered by the prothonotary as a judgment against
the officer. The clerk of the court of common pleas shall
certify the amount of each balance or surcharge contained in a
report of the auditors for which no appeal has been initiated
within the time period specified under this subchapter to the
court of common pleas for entry by the prothonotary as a
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judgment.
§ 2910. Collection of surcharges.
An auditor, registered elector or taxpayer of the township
may enforce the collection of a judgment entered for a surcharge
for the benefit of the township by an appropriate action or
execution. A registered elector or taxpayer shall file a bond
with one or more sureties in the court of common pleas
conditioned to indemnify the township from all costs of the
proceedings. An enforcement action under this section shall be
subject to the rights of appeal from the report of the auditors
specified under this subchapter.
§ 2911. Appeals from report.
A township, registered elector or taxpayer on behalf of the
township or an officer or person whose account is settled or
audited by the auditors may appeal from the settlement or audit
to the court of common pleas within 45 days from the date of the
filing of the report of the auditors with the clerk of the court
of common pleas.
§ 2912. Appeal bond.
An appeal by a registered elector, taxpayer or officer may
not be allowed unless the appellant secures a bond with
sufficient surety to prosecute the appeal and pay all the costs
of appeal under any of the following circumstances:
(1) If the appellant is a registered elector or
taxpayer, the appellant fails to obtain a final decision more
favorable to the township than that awarded by the auditors.
(2) If the appellant is an accounting officer, the
appellant fails to obtain a final decision more favorable to
the officer than that awarded by the auditors.
§ 2913. Procedure on appeals.
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(a) Investigatory burden.--In a proceeding upon an appeal
from a report of the auditors, the accounts of the officer or
person in question may be investigated de novo. The officer or
person whose accounts are involved in the appeal shall have the
burden of establishing the right to credits claimed by the
officer or person. The opposing party in the appeal may use any
facts, figures or findings of the report of the auditors as
prima facie evidence against an officer or person whose accounts
are involved in the appeal.
(b) Consolidated appeals.--If more than one appeal from the
report of the auditors is heard, the court may on its own motion
or shall, upon petition of an interested party, direct the
several appeals be consolidated.
§ 2914. Findings of facts and law, judgment and appeals.
After a hearing, the court shall file its findings of fact
and law and enter a judgment accordingly. A judgment entered by
the court may be enforced by the prevailing party by an
appropriate proceeding. An appeal from the court's ruling may be
initiated in accordance with the laws of this Commonwealth.
§ 2915. Cost of appeals.
In a case of appeal from the report or audit of the auditors
to the court of common pleas, the cost of the appeal shall be
determined by the court.
§ 2916. Attorney fees.
(a) Award.--Upon final determination of an appeal initiated
under section 2911 (relating to a ppeals from report) from any
report, audit or settlement of the account of a township
officer, attorney fees shall be awarded as follows:
(1) If, in the opinion of the court, the final
determination is more favorable to the township officer
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involved than that awarded by the auditors, the township
shall pay reasonable attorney fees, or a portion of
reasonable attorney fees as specified under paragraph (3),
incurred by the township officer in connection with the
surcharge proceeding.
(2) If, in the opinion of the court, the final
determination is more favorable to the township than that
awarded by the auditors in the case of an appeal initiated by
the township or a taxpayer, the township officer who is the
subject of the surcharge proceeding shall pay reasonable
attorney fees, or a portion of reasonable attorney fees as
specified under paragraph (3), incurred by the township,
elector or taxpayer in connection with the surcharge
proceeding.
(3) If, in the opinion of the court, the final
determination is in part more favorable to the township and
in part more favorable to the township officer involved in
the surcharge proceeding than that awarded by the auditors,
the court may order any of the following:
(i) The township to pay a portion of reasonable
attorney fees incurred by the township officer in
connection with the surcharge proceeding.
(ii) The township officer who is the subject of the
surcharge proceeding to pay a portion of reasonable
attorney fees incurred by the township or taxpayer in
connection with the surcharge proceeding.
(b) Other accounts.--In cases of appeals involving accounts
other than accounts of township officers, the court shall
allocate attorney fees in the court's discretion.
SUBCHAPTER B
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APPOINTED INDEPENDENT AUDITOR
Sec.
2921. Appointment of independent auditor.
2922. Audits.
2923. Completion, filing and publication of annual audit and
financial report.
§ 2921. Appointment of independent auditor.
If an ordinance has been enacted for the appointment of an
independent auditor in lieu of elected auditors under section
1703(a)(3) (relating to elected officers), the board of
commissioners shall appoint an independent auditor by resolution
and the provisions of this subchapter shall apply. The
independent auditor shall be a certified public accountant or a
firm of certified public accountants.
§ 2922. Audits.
(a) Annual audit.--
(1) The independent auditor shall conduct an annual
audit of the finances of the township, as presented in the
annual audit and financial report, which shall include all of
the following:
(i) Each account in which the township is concerned.
(ii) The accounts of township officers, departments
and offices that collect, receive and disburse public
money on which the independent auditor is required to
report under this subchapter.
(iii) The accounts of township officers, departments
and offices that are authorized with the management,
control or custody of public money on which the
independent auditor is required to report under this
subchapter.
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(2) Nothing in this subchapter shall be construed to
prohibit the board of commissioners from requiring the
independent auditor to conduct a more complete or
comprehensive audit than is required under this subchapter.
(b) Interim audits.--
(1) The board of commissioners may require advisory
interim reports from the independent auditor.
(2) The board of commissioners may direct the
independent auditor to audit the accounts of a township
officer upon the death, resignation, removal or expiration of
the term of the township officer.
(c) Standards.--An annual or interim audit shall consist of
an examination in accordance with United States generally
accepted auditing standards. Errors or irregularities detected
in the course of an audit shall be communicated in accordance
with the standards under this subsection.
(d) Definition.--As used in this subchapter, the term
"annual audit and financial report" means the report that is
presented on the uniform form as provided in section 2923(d)
(relating to completion, filing and publication of annual audit
and financial report).
§ 2923. Completion, filing and publication of annual audit and
financial report.
(a) Completion.--The independent auditor shall complete the
annual audit by June 30 of each year as directed by the board of
commissioners.
(b) Filing.--A copy of the audited annual audit and
financial report shall be filed with the following:
(1) The secretary of the township, in accordance with
applicable rules and regulations of the township.
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(2) The clerk of the court or the prothonotary, as may
be provided by local rules of court.
(3) The Department of Community and Economic
Development, in accordance with the rules and regulations of
the Department of Community and Economic Development.
(c) Publication.--Notice that the audited annual audit and
financial report is available for public inspection shall be
published once in at least one newspaper of general circulation
by the secretary of the township in accordance with section 1107
(relating to legal advertising). Public inspection shall be in
accordance with the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law. A copy, which may be in
electronic format, of the complete annual audit and financial
report, including the accompanying independent auditor's report,
shall be supplied to the publishing newspaper when the request
for publication is submitted. Nothing in this section shall be
construed to preclude the township from providing the township's
audited annual audit and financial report on the township's
publicly accessible Internet website.
(d) Presentation.--The annual audit report and annual
financial statements shall be presented on a uniform form
prepared and furnished as provided under section 4903 (relating
uniform financial report and forms).
(e) Appeals.--Nothing in this subchapter shall prohibit a
registered elector or taxpayer from appealing an annual audit
and financial report of the independent auditor in accordance
with and subject to the procedures under sections 2911 (relating
to appeals from report), 2912 (relating to appeal bond), 2913
(relating to procedure on appeals), 2914 (relating to findings
of facts and law, judgment and appeals), 2915 (relating to cost
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of appeals) and 2916 (relating to attorney fees) if the
registered elector or taxpayer believes a surcharge as described
under section 2908 (relating to surcharge by auditors) should
exist against an officer or person. The appeal shall be
initiated within 45 days of the filing specified under
subsection (b).
CHAPTER 31
CONTROLLER
Sec.
3101. Oath and bond of controller.
3102. Salary of controller.
3103. General powers and duties of controller.
3104. Countersigned warrants.
3105. Prevention of appropriation overdrafts.
3106. Amount of contracts to be charged against appropriations.
3107. Management and improvement of township finances.
3108. Financial records to be kept by controller.
3109. Appeals from controller's report.
3110. Controller to retain financial records, pending appeals.
§ 3101. Oath and bond of controller.
(a) Oath.--The township controller, if the office of
township controller has been created, shall take the required
oath or affirmation of office under 53 Pa.C.S. § 1141 (relating
to form of oaths of office) before entering upon the duties of
office.
(b) Bonds.--In accordance with section 1902 (relating to
bonds), the township controller shall give bond to the township
with a surety company or other company authorized by the laws of
this Commonwealth to act as surety and approved by the board of
commissioners. The amount of the bond shall be a sum determined
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by the board of commissioners as specified in an ordinance and
conditioned for the faithful discharge of the township
controller's duties. The amount of the bond shall be sufficient
to adequately protect the township from any illegal or
unfaithful action by the township controller. The cost of the
bond shall be paid by the township.
(c) Insurance.--In lieu of the bond required for the
faithful performance by the township controller of official
duties under subsection (b), the board of commissioners may
purchase insurance as provided under section 1902(b).
§ 3102. Salary of controller.
The annual salary of the township controller shall be fixed
by ordinance passed at least 30 days before the township
controller's election. A change in salary, compensation or
emoluments of the office of township controller shall take
effect at the beginning of the next term of the township
controller.
§ 3103. General powers and duties of controller.
(a) Fiscal affairs.--The township controller shall manage
the fiscal affairs of the township. The township controller
shall examine, audit and settle all accounts in which the
township is concerned as a debtor or creditor in accordance with
the laws of this Commonwealth. If there is no law of this
Commonwealth governing the settlement of the township's
accounts, the controller shall examine the accounts and report
the relevant facts and opinions on the accounts to the board of
commissioners.
(b) Audits.--During the examination, audit and settlement of
the township's accounts, the township controller shall have the
same powers and may perform the same duties vested in and
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imposed on auditors under this part. During the authentication
of an account, claim or demand against the township, the
township controller shall have the same power as the elected
township auditors to obtain the attendance of parties and
witnesses and the production of documents and to administer
oaths and affirmations. An individual guilty of swearing or
affirming falsely before the township controller commits perjury
as specified under 18 Pa.C.S. § 4902 (relating to perjury). The
township controller shall make and file an annual report of an
audit of the township's accounts and make and publish the
township's annual financial statement in the same form and
manner and at the same time as required of elected township
auditors under this part.
(c) Powers and duties.--The township controller shall have
all of the following powers and duties:
(1) The township controller shall have supervision and
control of the accounts of all departments, bureaus and
officers of the township authorized to collect, receive or
disburse public money or who are charged with the management
or custody of the accounts.
(2) The township controller shall audit the respective
accounts of a department, bureau or an officer specified
under paragraph (1) and may require, at any time, a statement
in writing from the department, bureau or officer of any
money or property of the township in the possession or under
the control of the department, bureau or officer. The
statement of a department, bureau or an officer under this
paragraph shall include the amount of cash on hand, the
amount deposited in a banking institution and the name of the
banking institution.
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(3) The township controller may examine each account of
a township officer in a banking institution to verify the
accuracy of the statement of the department, bureau or
officer under paragraph (2). A banking institution, including
an officer or agent of the banking institution, shall furnish
complete information about each account of a township officer
to the township controller. A banking institution, including
an officer or agent of the banking institution, shall not be
subject to prosecution under any other law of this
Commonwealth for disclosing the information required under
this paragraph.
(4) The township controller shall, immediately upon the
discovery of a default, irregularity or delinquency, report
the default, irregularity or delinquency to the board of
commissioners.
(5) The township controller shall audit and report on
the account of a township officer upon the death,
resignation, removal or expiration of the term of the
officer.
§ 3104. Countersigned warrants.
(a) Countersign.--Except as provided under subsection (b), a
township controller shall countersign a warrant presented upon
the township treasurer. The board of commissioners shall
determine the form of the warrant.
(b) Exception.--A township controller may not countersign a
warrant unless there is sufficient unencumbered money in the
respective appropriation item to pay for the amount expressed in
the warrant.
(c) Evidence.--If a warrant upon the township treasurer is
presented to the township controller to be countersigned, the
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person presenting the warrant shall, if the
township controller requires, produce evidence of all of the
following:
(1) The amount expressed in the warrant is due to the
person in whose favor the warrant is drawn.
(2) The supplies or services for payment of which the
warrant is drawn have been furnished or performed in
accordance with the laws of this Commonwealth and the terms
of the contract.
§ 3105. Prevention of appropriation overdrafts.
The township controller may not permit an appropriation made
by the board of commissioners to be overdrawn. If an
appropriation has been completely expended and the objective of
the appropriation has not been completed, the township
controller shall have all of the following duties:
(1) The township controller shall immediately issue a
report to the board of commissioners on the appropriation.
(2) The township controller shall include with the
report issued under paragraph (1) a statement of the money
which has been drawn on the appropriation and the particular
objective for which the money was drawn.
§ 3106. Amount of contracts to be charged against
appropriations.
(a) Contracts.--Before an item of appropriation takes effect
in a contract, the contract shall designate the item on which
the appropriation is founded and the estimated amount of the
expenditure which shall be charged against the item as certified
by the township controller on the contract. The payment required
by the contract shall be made from the fund for which the
contract is appropriated.
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(b) Liability.--If the township controller certifies a
contract in excess of the appropriation made, the township shall
not be liable for the excess amount. The township controller and
the township controller's surety shall be liable for the excess
amount of the appropriation, which may be recovered in a civil
action by the aggrieved contracting party.
(c) Certification.--The controller shall certify contracts
for the payment of which a sufficient appropriation has been
made.
§ 3107. Management and improvement of township finances.
The township controller shall, as often as the township
controller may deem expedient or the board of commissioners
shall direct, suggest plans to the board of commissioners for
the management and improvement of the township finances.
§ 3108. Financial records to be kept by controller.
The township controller shall maintain financial records and
maintain as many accounts, under appropriate titles, as may be
necessary to show separately and distinctly all of the
following:
(1) The estates and property, real and personal, vested
in the township.
(2) The trusts in the care of the township.
(3) The debts due and owing the township.
(4) The receipts and expenditures of the various
departments of the township government.
(5) The appropriations made by the board of
commissioners and the sums under the appropriations.
§ 3109. Appeals from controller's report.
An appeal may be taken from the settlement and audit of the
controller as shown in the controller's report to the court of
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common pleas of the county by the same individual, in the same
manner, within the same time, subject to the same conditions and
procedures and with the similar effect in every respect as
provided under this part for an appeal from the settlement and
audit of the auditors as shown in their report.
§ 3 110. Controller to retain financial records, pending
appeals.
During the 45-day period elapsing between the date of filing
the controller's report and the expiration of the time for
filing the appeal from the report, a township controller shall
retain possession of all financial records and other papers that
were submitted to the controller for audit of the accounts of
township officers. If an appeal is taken under section 3109
(relating to appeals from controller's report), the controller
shall continue to hold the financial records and papers for
production in the proceeding to determine the appeal.
CHAPTER 33
TOWNSHIP SOLICITOR
Sec.
3301. Township solicitor.
3302. Control of legal matters.
3303. Duties of solicitor.
§ 3301. Township solicitor.
The board of commissioners may appoint and determine the
compensation of a township solicitor and, as needed, special
counsel. The township solicitor or special counsel shall be
licensed to practice law in this Commonwealth and may be an
individual or a law firm, partnership, association or
professional corporation. The township solicitor or special
counsel shall serve at the pleasure of the board of
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commissioners.
§ 3302. Control of legal matters.
(a) Legal matters.--Except if the board of commissioners has
appointed special counsel for a specific matter, the township
solicitor shall advise on the legal matters of the township.
(b) Additional counsel.--A department or officer of the
township, except as otherwise provided by the laws of this
Commonwealth, may not employ or retain additional counsel
without the consent or ratification of the board of
commissioners.
§ 3303 . Duties of solicitor.
The township solicitor or special counsel, as applicable,
shall have the following duties:
(1) Prepare or approve, if directed or requested by the
board of commissioners, bonds, obligations, contracts,
leases, conveyances, ordinances and assurances to which the
township, or any department of the township, may be a party.
(2) Commence and prosecute all actions brought by the
township for or on account of any of the estates, rights,
trusts, privileges, claims or demands of the township before
a court in this Commonwealth.
(3) Defend the township or a township officer against
all actions or suits brought against the township or township
officer in which any of the estates, rights, privileges,
trusts, ordinances or accounts of the township may be brought
in question before a court in this Commonwealth.
(4) Furnish the board of commissioners and the township
committees, upon request, with an opinion in writing upon a
question of law, which may be submitted by the board of
commissioners and the township committees in their official
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capacities.
(5) Perform any other professional act incident to the
office which the township solicitor or special counsel may be
authorized or required to perform by the board of
commissioners or by an ordinance or resolution.
CHAPTER 35
TOWNSHIP ENGINEER
Sec.
3501. Township engineer.
3502. Control of engineering matters.
3503. Duties and preparation of plans.
3504. Certificate of commencement and of completion of
municipal improvements.
3505. Surveys.
§ 3501 . Township engineer.
(a) Appointment.--The board of commissioners may appoint and
determine the compensation of a township engineer. The township
engineer shall serve at the pleasure of the board of
commissioners.
(b) Definition.--As used in this section, the term
"engineer" means a registered professional engineer or firm of
registered professional engineers.
§ 3502. Control of engineering matters.
(a) Engineering matters.--Except if the board of
commissioners has appointed an engineer for a specific matter,
the township engineer shall direct and control the engineering
matters of the township.
(b) Additional engineers.--A department or officer of the
township, except as otherwise provided by the laws of this
Commonwealth, may not employ or retain an additional engineer
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without the consent or ratification of the board of
commissioners.
§ 3503. Duties and preparation of plans.
The township engineer shall perform duties and provide
reports as the board of commissioners may direct for the
construction, reconstruction, maintenance and repair of streets,
bridges, culverts and other engineering work. The township
engineer may prepare plans, specifications and estimates of the
work undertaken by the township and shall furnish the board of
commissioners and the township committees with reports,
information or estimates on any township engineering work or on
questions submitted by the board of commissioners.
§ 3504. Certificate of commencement and of completion of
municipal improvements.
(a) Certification.--The township engineer shall certify, to
the township secretary, the date of commencement and date of
completion of a municipal improvement that, in whole or in part,
is to be paid by the owners of the abutting property. The
certification shall be made a part of the permanent records of
the township. The certified date of commencement and certified
date of completion shall be conclusive on all parties.
(b) Definition.--As used in this section, the term
"certified date of completion" means the date of the completion
of the whole contract for a municipal improvement.
§ 3505. Surveys.
The township engineer shall have the charge and direction of
all surveys and regulations authorized by a law of this
Commonwealth or an ordinance of the township.
CHAPTER 37
TOWNSHIP MANAGER
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Sec.
3701. Township manager.
3702. Powers, duties and agreements.
3703. Bonds.
3704. Incompatibility with office of township commissioner.
§ 3701. Township manager.
(a) Authorization.--The board of commissioners may establish
or abolish by ordinance the office of township manager. If the
board of commissioners establishes the office of township
manager, the board of commissioners may appoint an individual,
partnership, limited partnership, association or professional
corporation as the township manager.
(b) Nature of office.--The township manager shall serve at
the pleasure of the board of commissioners, subject to
contractual rights that may arise under an employment agreement
or professional services agreement that may be entered in
accordance with section 3702 (relating to powers, duties and
agreements).
§ 3702. Powers, duties and agreements.
(a) Regulations.--The powers and duties of the township
manager shall be regulated by ordinance. The board of
commissioners may delegate, subject to recall, any of the board
of commissioners' nonlegislative and nonjudicial powers and
duties to the township manager.
(b) Scope of agreement.--
(1) The board of commissioners may enter into an
employment agreement or professional services agreement with
the township manager that specifies the terms and conditions
of the appointment.
(2) An agreement under paragraph (1) may remain in
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effect for a specified period terminating no later than the
date of the board of commissioners' organizational meeting
following the next municipal election.
(3) An agreement under paragraph (1) executed on or
after a municipal election and before the board of
commissioners' first organizational meeting in January in the
year after the municipal election shall be void.
(4) An agreement under paragraph (1) may specify
conditions under which a township manager who is an
individual would be entitled to severance compensation, or
if the township manager is a partnership, limited
partnership, association or professional corporation,
payments for the termination of the appointment. An agreement
under paragraph (1) may not guarantee retention or employment
through the term of the agreement or confer upon the township
manager a legal remedy based on specific performance.
(c) Status as public official.--The township manager as an
individual or a partnership, limited partnership, association or
professional corporation appointed as the township manager and
each officer and employee directly providing services as
required or authorized by an agreement under subsection (b)(1)
shall be considered a public official for purpose of 65 Pa.C.S.
§ 1103 (relating to restricted activities).
§ 3703. Bonds.
(a) Bond requirement.--The township manager shall, if
required by the board of commissioners, provide a bond to the
township. The township manager shall provide a bond under this
subsection with a surety company or other company authorized by
the laws of this Commonwealth to act as surety and approved by
the board of commissioners. The board of commissioners shall, by
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ordinance or resolution, provide for the sum of a bond under
this subsection conditioned for the faithful performance of the
township manager's duties.
(b) Insurance in lieu of bond.--In lieu of the bond required
for the faithful performance by the township manager of official
duties, the board of commissioners may purchase insurance as
provided in section 1902(b) (relating to bonds).
§ 3704. Incompatibility with office of township commissioner.
(a) Prohibition.--A township manager shall not be eligible
to hold the office of township commissioner.
(b) Applicability.--If the township manager is a
partnership, limited partnership, association or professional
corporation, the prohibition under subsection (a) shall apply to
each officer or employee who directly provides services as
required or authorized by the agreement under section 3702(b)(1)
(relating to powers, duties and agreements).
CHAPTER 39
VETERANS' AFFAIRS
Subchapter
A. Pennsylvania National Guard
B. Support of Veterans' Organizations and Memorials
SUBCHAPTER A
PENNSYLVANIA NATIONAL GUARD
Sec.
3901. Eminent domain for National Guard purposes.
3902. Land for armory purposes.
3903. Assistance to armories.
3904. Support of Pennsylvania National Guard units.
§ 3901. Eminent domain for National Guard purposes.
(a) Eminent domain.--Except as provided under subsection
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(b), the board of commissioners may take, by the right of
eminent domain for the purpose of appropriating to the township
for the use of the Pennsylvania National Guard, public lands,
easements and public property in the township's possession or
control and used or held by the township for any other purpose.
The board of commissioners may exercise eminent domain under
this subsection regardless of any limitation on the use of
public lands, easements and public property in a donation,
dedication, appropriation, ordinance or other document.
(b) Limitation.--The board of commissioners may not exercise
eminent domain under subsection (a) on a street, highway or
wharf.
§ 3902. Land for armory purposes.
(a) Armories.--Except as provided under subsection (b), the
board of commissioners may acquire, by purchase, gift or eminent
domain, land for the use of the Pennsylvania National Guard, to
be conveyed to the Commonwealth in order to assist the State
Armory Board in the erection of armories.
(b) Limitation.--The board of commissioners may not exercise
the power granted under subsection (a) to take church property
or other actual place of regularly stated religious worship, a
graveyard, cemetery or dwelling house or the curtilage of church
property or other actual place of regularly stated religious
worship, graveyard, cemetery or dwelling house in the actual
occupancy of the owner.
§ 3903. Assistance to armories.
(a) Appropriation or conveyance.--The board of commissioners
may appropriate money or convey land, either independently or in
conjunction with any other municipality, to the Commonwealth for
the following purposes:
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(1) To assist the State Armory Board in the erection of
armories for the use of the Pennsylvania National Guard.
(2) To furnish reasonable utilities free of cost to the
Commonwealth for use in an armory of the Pennsylvania
National Guard.
(b) Authorization.--The board of commissioners may take any
action necessary to accomplish the purposes specified under
subsection (a).
§ 3904. Support of Pennsylvania National Guard units.
(a) Annual appropriation.--The board of commissioners may
annually appropriate a sum not to exceed $1,500 for the support,
maintenance, discipline and training of a unit of the
Pennsylvania National Guard. If Pennsylvania National Guard
units are organized as a battalion, regiment or similar
organization, the total amount due under this subsection may be
paid to the commanding officer of the battalion, regiment or
similar organization.
(b) Condition.--Money appropriated under subsection (a)
shall be paid by warrant drawn to the order of the commanding
officer of the Pennsylvania National Guard unit conditioned upon
certification by the Adjutant General to the township that the
unit has satisfactorily passed the annual inspection provided by
State law.
(c) Use of money.--Money appropriated under subsection (a)
shall be used and expended solely for the support, maintenance,
discipline and training of a company, battalion, regiment or
similar organization of the Pennsylvania National Guard.
(d) Accounting required.--
(1) The commanding officer of a company, battalion,
regiment or similar organization of the Pennsylvania National
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Guard shall account, by proper vouchers to the township each
year, for the expenditure of money appropriated under
subsection (a).
(2) An appropriation under subsection (a) may not be
made for any subsequent year until the expenditure of the
previous year is satisfactorily accounted for under paragraph
(1).
(3) The account of an expenditure of money appropriated
under subsection (a) shall be subject to the inspection of
the Department of Military and Veterans Affairs and shall be
audited by the Auditor General in accordance with the laws of
this Commonwealth.
SUBCHAPTER B
SUPPORT OF VETERANS' ORGANIZATIONS AND MEMORIALS
Sec.
3911. Appropriations to veterans' home associations.
3912. Memorial Day or Veterans' Day appropriations.
3913. Care of memorials.
3914. Purchase of burial grounds for deceased servicepersons.
§ 3911. Appropriations to veterans' home associations.
The board of commissioners may make an annual appropriation
not to exceed $300 for the support of a veterans' home
association that:
(1) provides a home or meeting facility within the
township for the use of United States war veterans; and
(2) is not maintained in whole or in part by the United
States or a governmental agency other than the township.
§ 3912. Memorial Day or Veterans' Day appropriations.
The board of commissioners may appropriate money for the
expenses of services for Memorial Day, Veterans' Day or a
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similar day provided for by Federal or State law.
§ 3913. Care of memorials.
(a) Maintenance and repair.--The board of commissioners may
maintain and keep in good order and repair, at the expense of
the township, a soldiers' monument, gun or carriage or similar
memorial if the memorial:
(1) is not in the charge or care of an individual, body
or organization; and
(2) was not erected by:
(i) the Federal Government, the Commonwealth or the
commissioners of the county; or
(ii) the direction or authority of another state.
(b) Donations.--The board of commissioners may receive money
from an individual or organization and may expend the money for
the benefit of memorials.
§ 3914. Purchase of burial grounds for deceased servicepersons.
The board of commissioners may appropriate money and purchase
plots of ground in a cemetery or burial ground for the interment
of deceased servicepersons:
(1) Who die within the township or die beyond the
township limits but had a legal residence within the township
at the time of death.
(2) Whose bodies are entitled to be buried by the county
under the provisions of existing law.
CHAPTER 41
POLICE
Sec.
4101. Appointment, compensation and training of police
officers.
4102. Special fire police.
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4103. Chief of police and other officers.
4104. Powers of police officers.
4105. Service of process and fees.
4106. Supervision of police.
4107. Badge.
4108. Compensation.
4109. Police pension fund.
4110. Private police pension funds and optional transfers.
4111. School crossing guards.
§ 4101. Appointment, compensation and training of police
officers.
(a) Number, rank and compensation.--Subject to the civil
service provisions of this part, the board of commissioners may
appoint and fix the number, rank and compensation of the members
of the township police force.
(b) Police services.--Subject to the requirements of 53
Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation), the board of commissioners may provide for police
services:
(1) by municipal police officers under a contract;
( 2) through the purchase of police services; or
(3) by joining or developing a consolidated regional
police service.
(c) Removal, suspension or demotion.--The board of
commissioners may remove, suspend or demote a police officer:
(1) in accordance with the act of June 15, 1951
(P.L.586, No.144), entitled "An act regulating the
suspension, removal, furloughing and reinstatement of police
officers in boroughs and townships of the first class having
police forces of less than three members, and in townships of
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the second class"; or
(2) subject to Subchapter D of Chapter 19 (relating to
civil service for police and firefighters).
(d) Limitations.--
(1) A police officer may not at the same time hold a
public office other than constable, health officer or school
director of a school district situated within a county of the
second class.
(2) A police officer who holds the office of school
director in accordance with paragraph (1), whether contracted
or otherwise employed by the school district, may not serve
as a school police officer, as provided for in section 1302-C
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(e) Campaigns.--A police officer may not participate in a
political or election campaign while on duty or in uniform or
while using township property other than to exercise the
officer's right of suffrage.
(f) Rules and regulations.--Except as provided in section
1936 (relating to rules and regulations), the board of
commissioners shall promulgate rules and regulations for the
organization of the police force.
(g) Training classes.--The board of commissioners may assign
the chief of police or another member of the police force to
attend training classes, which are offered by the Federal
Government, State or county government, and may pay a member's
expenses while attending the training classes.
§ 4102 . Special fire police.
The president of the board of commissioners may:
(1) Confirm a member of a volunteer fire company
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nominated to serve as special fire police under 35 Pa.C.S.
Ch. 74 Subch. D (relating to special fire police).
(2) Swear in or affirm special fire police officers.
§ 4103 . Chief of police and other officers.
The board of commissioners may designate the superintendent
or the chief of police and other officers who shall serve until
their successors are duly designated and qualified.
§ 4104. Powers of police officers.
A township police officer shall have those powers and duties
as are granted to police officers under the laws of this
Commonwealth, the rules of the Supreme Court or the ordinances
of the township. A fine or penalty may be imposed on the
township police officer for a violation of law.
§ 4105 . Service of process and fees.
A police officer may serve and execute criminal process
issued for the violation of a township ordinance and shall
charge the same fees and costs as pertain by law to a constable
of the township for similar services, but the fees and costs
shall be paid to the township treasurer for the use of the
township.
§ 4106. Supervision of police.
The chief of police and police officers shall obey the orders
of the board of commissioners or any other person or committee
as designated by ordinance or resolution of the board of
commissioners for that purpose.
§ 4107. Badge.
A township police officer, when on duty, shall wear a badge
or shield with the words "Township Police" and the name of the
township inscribed on the badge or shield.
§ 4108. Compensation.
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(a) Salaries.--A township that employs police officers shall
pay to all the police officers a fixed or stipulated salary.
(b) Fees or other compensation.--A police officer may not
ch arge or accept a fee or other compensation in addition to the
salary paid by the township for a service rendered or performed
by the police officer, except public rewards and the expenses
incurred in the discharge of the police officer's duties.
§ 4109. Police pension fund.
(a) Establishment.--If a township maintains a police force
of fewer than three full-time members, unless there is a private
organization or association constituting and managing an
existing pension fund for the members of the police force in the
township, the township shall, by ordinance, establish a police
pension fund to be maintained by member contributions of an
equal percentage charge against each member of the police force.
Except to the extent that section 607(c) of the act of December
18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan
Funding Standard and Recovery Act, applies, the member
contributions shall not annually exceed 4% of the pay of the
member.
(b) Investment or insurance instruments.--In lieu of
establishing a pension fund in accordance with subsection (a),
the township may, by ordinance, provide investment or insurance
instruments for the purpose of the payment of pensions or
annuities to the members of the police force who receive
honorable discharge by reason of age or disability and the
families of police officers injured or killed in service.
(c) Administration.--
(1) All pension funds or investment or insurance
instruments established under this section shall be under the
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direction of the board of commissioners, or a committee as
the board of commissioners may designate, and shall be
applied under regulations as the board of commissioners may,
by ordinance, prescribe for the benefit of the members of the
police force who receive honorable discharge by reason of age
or disability and the families of police officers injured or
killed in service.
(2) The board of commissioners shall appoint by
resolution a chief administrative officer who shall have the
primary responsibility for the execution of the
administrative affairs of the pension plan, subject to the
direction of the board of commissioners.
(3) An allowance made to an individual who retires by
reason of disability or age shall be in conformity with a
uniform scale.
(d) Minimum service and age limit.--The ordinance
establishing the police pension fund may prescribe a minimum
period of continuous service of not less than 20 years and an
age limit after which members of the police force may be retired
from active duty and may be entitled to benefits of the fund.
(e) Charges.--Payments made on account of police pensions
shall not be a charge on any fund in the treasury of the
township or under the control of the township, except the police
pension fund.
(f) Contributions.--A township that establishes a police
pension fund under this section shall make contributions to the
police pension fund in an amount sufficient to meet the minimum
obligation of the municipality with respect to the pension plan
under the Municipal Pension Plan Funding Standard and Recovery
Act.
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(g) Donations.--A township may take, by gift, grant, devise
or bequest, money or property, whether real, personal or mixed,
in trust for the benefit of the police pension fund. The care,
management, investment and disposal of the trust funds or
property, whether real, personal or mixed, shall be vested in
the officers as the board of commissioners shall direct by
ordinance and shall be governed by the officers, subject to any
directions not inconsistent with the ordinance as the donors of
the trust funds and property may prescribe.
(h) Apportionment.--
(1) The basis of the apportionment of the pension
benefit shall:
(i) be determined by the rate of monthly pay of the
member at the date of death, honorable discharge or
retirement; and
(ii) not exceed in any year one-half the annual pay
of the member, computed at the member's monthly rate.
(2) An individual who participates in the police pension
fund and becomes entitled to receive a benefit from the fund
shall not be deprived of the individual's right to an equal
and proportionate share of the fund upon the basis upon which
the individual first became entitled to the benefit.
(i) (Reserved).
(j) Effect of other laws.--The act of May 29, 1956 (1955
P.L.1804, No.600), referred to as the Municipal Police Pension
Law, or the act of February 1, 1974 (P.L.34, No.15), known as
the Pennsylvania Municipal Retirement Law, shall govern a
township police pension fund not established under the
provisions of this section.
§ 4110. Private police pension funds and optional transfers.
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(a) Transfer authorization.--If there is a private
organization or association constituting and managing an
existing pension fund for the members of the police force in a
township, the township shall establish a police pension fund for
the purpose of paying pensions to the members of the police
force if the membership of the organization or association, by a
two-thirds vote, elects to transfer its funds with all its
assets and liabilities into a township police pension fund as
required to be established by this part.
(b) Securities and assumption of liability.--The transfer
under subsection (a) may be made by the transfer of securities.
After the transfer, the township police pension fund shall
assume the liability of continuing the payment of pensions to
members of the police force retired prior to the transfer in
accordance with the laws and regulations under which the members
were retired.
§ 4111. School crossing guards.
(a) Appointment, service, pension eligibility and
compensation.--
(1) The board of commissioners, by resolution, may
appoint school crossing guards who shall be authorized only
to manage traffic and pedestrians at or near schools while
the school crossing guards are in uniform.
(2) School crossing guards:
(i) Shall serve at the pleasure of the board of
commissioners, except as provided in subsection (b).
(ii) Shall not be subject to the civil service
provisions of this title.
(iii) Shall not be eligible to join a township
pension fund.
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(3) The compensation of the school crossing guards, if
any, shall be fixed by the board of commissioners and shall
be paid by the board of commissioners, or jointly by the
board of commissioners and the board of school directors, in
a ratio to be determined by the boards. If the board of
commissioners and board of school directors are unable to
determine the ratio of compensation of the school crossing
guards to be paid by each board, each board shall pay one-
half of the compensation of the school crossing guards.
(b) Authorization for board of school directors.--
(1) The board of commissioners may adopt a resolution
allowing a board of school directors to assume hiring and
oversight of school crossing guards. Before the board of
commissioners adopts the resolution, the board of directors
of the school district must adopt a resolution requesting
authority from the board of commissioners to assume the
hiring and oversight of school crossing guards.
(2) The resolution adopted by the board of commissioners
shall outline the manner in which the police department will
provide necessary training and assistance of the school
crossing guards while on duty.
(3) The school crossing guards shall be authorized only
to manage traffic and pedestrians in and around areas
identified by the police department and the school district
superintendent or the superintendent's designees.
(4) The school crossing guards shall not be:
(i) Subject to the civil service provisions of this
title.
(ii) C onsidered part of the bargaining unit of the
school district.
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(iii) Considered any of the following:
(A) An employee as defined under section 1101-A
of the act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949.
(B) A school employee as defined under 24
Pa.C.S. § 8102 (relating to definitions).
(C) An employee under a township or school
district pension or benefit plan.
(5) After the resolution is adopted by the board of
commissioners, the school district shall assume the cost of
compensation, including fixing compensation, if any, of the
school crossing guards.
( 6) Notwithstanding any other provision of law,
auxiliary police officers appointed as prescribed by law may
be hired by the school district to serve as school crossing
guards.
(7) The board of school directors shall notify the board
of commissioners of the individuals hired to serve as school
crossing guards and request that the necessary training or
assistance be provided as specified in the resolution adopted
by the board of commissioners.
CHAPTER 43
CORPORATE POWERS
Sec.
4301. Suits and property.
4302. Real property.
4303. Personal property.
4304. Exceptions.
4305. Surcharge from sale or lease.
4306. General powers.
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4307. Specific powers.
4308. Officers, positions and departments.
4309. Police force.
4310. Lockup facilities.
4311. Rewards.
4312. Disorderly conduct.
4313. Public safety.
4314. Fire protection.
4315. Building and housing regulations.
4316. Numbering buildings.
4317. Regulation of business.
4318. Nuisances and dangerous structures.
4319. Municipal waste.
4320. Fireworks and inflammable articles.
4321. Smoke regulations.
4322. Prohibition of fire-producing devices and smoking.
4323. Animals.
4324. Regulation of foundations, party walls and partition
fences.
4325. Ambulances and rescue and lifesaving services.
4326. Display of flags.
4327. Health and cleanliness regulations.
4328. Public facilities.
4329. Hospital appropriations.
4330. Community nursing services.
4331. Parking and parking lots.
4332. Appropriations for certain streets.
4333. Airports.
4334. Appropriations for airports.
4335. Purchase and planting of trees.
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4336. Intergovernmental cooperation.
4337. Widening and deepening of watercourses.
4338. Regulation of charges.
4339. Street, sewer and sidewalk regulations.
4340. Capital reserve fund.
4341. Operating reserve fund.
4342. Surplus foods.
4343. Industrial promotions.
4344. Nondebt revenue bonds.
4345. Historical properties.
4346. Insurance.
4347. Appropriations for urban common carrier mass
transportation.
4348. Open burning.
4349. Community development.
4350. Observances and celebrations.
4351. Building hospitals.
4352. Tourist promotion agencies.
4353. Sale of real or personal property to nonprofit medical
service corporation.
4354. Sale of real or personal property to nonprofit housing
corporation.
4355. Nonprofit art corporations.
4356. Neighborhood crime watch programs.
4357. Drug and alcohol abuse programs.
4358. Watershed associations.
4359. Emergency services.
4360. Mines and quarries.
4361. Conservation district.
4362. Electricity.
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4363. Storm water.
4364. Validity of township records and recording or
transcribing of township records.
§ 4301. Suits and property.
A township may:
(1) Sue and be sued.
( 2) Have and use a corporate seal and alter the seal.
(3) Purchase, exchange, acquire by gift or otherwise,
hold, lease, let and convey, by sale or lease, real and
personal property deemed to be in the best interest of the
township subject to the restrictions, limitations or
exceptions as specified in this part.
§ 4302 . Real property.
(a) When advertisement required.--Real estate owned by the
township may not be sold for a consideration in excess of $6,000
except to the highest bidder after due notice by advertisement
for bids or advertisement of a public auction.
(b) Advertisement requirements.--The advertisement shall be
published once in one newspaper of general circulation not fewer
than 10 days prior to the date scheduled for the opening of bids
or public auction. The date for opening bids or public auction
shall be announced in the advertisement.
(c) Award of contracts and bids.--
(1) The award of contracts shall be made only by public
announcement at a regular or special meeting of the board of
commissioners or at the public auction.
(2) A bid shall be accepted on the condition that
payment of the purchase price in full shall be made within 60
days of the acceptance of a bid unless otherwise specified in
the bid advertisement.
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(3) If no compliant bids are received after
advertisement, the applicable procedures in the act of
October 27, 1979 (P.L.241, No.78), entitled "An act
authorizing political subdivisions, municipality authorities
and transportation authorities to enter into contracts for
the purchase of goods and the sale of real and personal
property where no bids are received," shall be followed.
(d) Fair market value.--The board of commissioners shall
have the authority to reject all bids if the bids are deemed to
be less than the fair market value of the real property. In the
case of a public auction, the board of commissioners may
establish a minimum bid based on the fair market value of the
real property.
(e) When advertisement not required.--Real estate owned by a
township may be sold for a consideration of $6,000 or less
without advertisement or competitive bidding only after the
board of commissioners estimates the value of the property upon
receipt of an appraisal by a qualified real estate appraiser.
Prior to selling real estate valued at $6,000 or less without
advertisement or competitive bidding, the board of commissioners
shall make a public announcement of the board's intention to
sell the real estate at a regular or special meeting of the
board at least 30 days prior to the sale.
(f) Exchanges.--
(1) Notwithstanding this section, the board of
commissioners shall have the authority to exchange real
property for real property of equal or greater value without
complying with this section if the property being acquired by
the township is to be used for municipal purposes. For
purposes of this paragraph, "municipal purposes" include a
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subsequent sale or lease of the property to any of the
entities listed in section 4304 (relating to exceptions) .
(2) A conveyance of real property acquired in an
exchange to an entity listed in section 4304 may contain a
clause under which the lands and buildings will revert to the
township if they are no longer being used for the purposes of
the entity.
( 3) If the board of commissioners chooses to exercise
its power of real property exchange under this section, it
shall be by resolution adopted by the board of commissioners.
Notice of the resolution, including a description of the
properties to be exchanged, shall be published once in one
newspaper of general circulation not more than 60 days nor
fewer than seven days prior to adoption.
(4) Participation in a real property exchange may not
prohibit the application of the requirements of the act of
October 4, 1978 (P.L.851, No.166), known as the Flood Plain
Management Act.
§ 4303 . Personal property.
(a) Approval, fair market value and advertisement.--Except
as provided in subsection (d), township personal property may
not be disposed of, by sale or otherwise, except upon approval
of the board of commissioners. The following apply:
(1) If the board of commissioners approves a sale of
property, the board of commissioners shall estimate the fair
market value of the entire lot to be disposed of.
(2) If the board of commissioners estimates the fair
market value to be $2,000 or more, the entire lot shall be
advertised for sale once, in at least one newspaper of
general circulation, not fewer than 10 days prior to the date
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fixed for the opening of bids or public auction. The date of
opening of bids or public auction shall be announced in the
advertisement, and sale of the property advertised shall be
made to the highest bidder.
(b) Online or electronic sales.--A public auction of
personal property may be conducted by means of an online or
electronic auction sale. The following apply:
(1) During an electronic auction sale, bids shall be
accepted electronically at the time and in the manner
designated in the advertisement.
(2) During the electronic auction, each bidder shall
have the capability to view the bidder's bid rank or the high
bid price. The bidder may increase the bidder's bid price
during the electronic auction.
(3) The record of the electronic auction shall be
accessible for public inspection.
(4) The purchase price shall be paid by the highest
bidder immediately or at a reasonable time after the
conclusion of the electronic auction as determined by the
board of commissioners.
(5) Any incurred shipping costs shall be paid by the
highest bidder.
(6) A township that has complied with the advertising
requirements of this section may provide additional public
notice of the sale by bids or public auction in any manner
deemed appropriate by the board of commissioners.
(7) The advertisement for electronic auction sales
authorized in this section shall include the Internet address
or means of accessing the electronic auction and the date,
time and duration of the electronic auction.
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(c) Rejection of bids.--The board of commissioners may
reject any bids received if the bids are believed to be less
than the fair market value of the property. If no compliant bids
are received after advertisement, the applicable procedures in
the act of October 27, 1979 (P.L.241, No.78), entitled "An act
authorizing political subdivisions, municipality authorities and
transportation authorities to enter into contracts for the
purchase of goods and the sale of real and personal property
where no bids are received," shall be followed.
(d) Surplus personal property.--The board of commissioners
shall, by resolution, adopt a procedure for the sale of surplus
personal property, either individual items or lots of items, of
an estimated fair market value of less than $2,000. The approval
of the board of commissioners shall not be required for an
individual sale that is made in conformity with the procedure.
(e) Trades or exchanges.--The provisions of this section
shall not be mandatory if township personal property is to be
traded in or exchanged for new or used personal property being
acquired by the township, except that the trade or exchange
shall be by resolution.
§ 4304. Exceptions.
(a) Advertising and highest bidder.--Nothing under this
chapter requiring advertising for bids or sale at public auction
and sale to the highest bidder shall apply if township real or
personal property is to be sold to any of the following:
(1) A county, city, borough, town, township, institution
district, school district, volunteer fire company, volunteer
ambulance service or volunteer rescue squad located within
the township.
( 2) A council of government, consortium, cooperative or
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other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation).
(3) An authority as defined in 53 Pa.C.S. § 5602
(relating to definitions) or an authority or industrial and
commercial development authority as defined in section 3 of
the act of August 23, 1967 (P.L.251, No.102), known as the
Economic Development Financing Law.
(4) A nonprofit corporation engaged in community,
industrial, commercial or affordable housing development or
reuse.
(5) A person for the person's exclusive use in an
industrial development program.
(6) A nonprofit corporation organized as a public
library.
(7) A nonprofit medical service corporation as
authorized by section 4353 (relating to sale of real or
personal property to nonprofit medical service corporation).
(8) A nonprofit housing corporation as authorized under
section 4354 (relating to sale of real or personal property
to nonprofit housing corporation).
(b) Nominal consideration.--If real property is to be sold
to a nonprofit corporation organized as a public library, to a
nonprofit medical service corporation or to a nonprofit housing
corporation, the board of commissioners may elect to accept
nominal consideration for the sale as the board deems
appropriate.
(c) Reversion.--Real property sold under this section to a
volunteer fire company, volunteer ambulance service, volunteer
rescue squad, nonprofit medical service corporation or nonprofit
housing corporation shall be subject to the condition that when
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the property is not used for the purposes of the company,
service, squad or corporation, the property shall revert to the
township.
§ 4305 . Surcharge from sale or lease.
A commissioner who votes in favor of or knowingly
participates in the sale or lease of township real or personal
property in violation of this chapter is subject to a surcharge
to the extent of any loss or injury to the township as a result
of the sale or lease.
§ 4306 . General powers.
The board of commissioners may make and adopt ordinances,
bylaws, rules and regulations not inconsistent with or
restrained by the Constitution and laws of this Commonwealth as
may be expedient or necessary for:
(1) The proper management, care and control of the
township and the township's finances.
(2) The maintenance of peace, good government and
welfare of the township and the township's trade, commerce
and manufactures.
§ 4307 . Specific powers.
The corporate power of a township of the first class shall be
vested in a board of commissioners. The following apply:
(1) In the exercise of specific powers involving the
enactment of an ordinance, passage of a resolution or the
making of a regulation, restriction or prohibition, the
township may provide for enforcement and penalties for
violations.
(2) The specific powers of the township shall include
the powers provided under this chapter.
§ 4308. Officers, positions and departments.
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(a) Creation and compensation.--The board of commissioners
may create an office, position or department that the board
deems necessary for the good of government and interests of the
township and may fix the compensation of appointed individuals.
(b) Employees.--The board of commissioners may provide for
and regulate the manner of hiring and discharging employees and
the fixing of salaries or compensation, consistent with
applicable Federal and State law.
§ 4309 . Police force.
The board of commissioners may establish, equip, maintain and
define the duties of a police force.
§ 4310 . Lockup facilities.
The board of commissioners may provide for lockup facilities
in the township for the temporary detention and confinement of
individuals.
§ 4311 . Rewards.
The board of commissioners may offer rewards for information
leading to the arrest and conviction of an individual guilty of
a crime within the township.
§ 4312 . Disorderly conduct.
The board of commissioners may, by ordinance, prohibit
disorderly conduct within the limits of the township and provide
for the imposition of penalties for the conduct in accordance
with this part. An enacted ordinance shall define disorderly
conduct in a manner substantially similar to the provisions of
18 Pa.C.S. § 5503 (relating to disorderly conduct).
§ 4313 . Public safety.
The board of commissioners may take all necessary means to
secure the safety of persons or property within the township.
§ 4314 . Fire protection.
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The board of commissioners may:
(1) Appropriate money for the use of the township or to
fire companies providing fire protection to the township for
the purchase, operation and maintenance of fire engines and
fire apparatus and for the construction, repair and
maintenance of fire stations.
(2) Contract with or make grants to near or adjacent
municipal corporations or volunteer fire companies for fire
protection in the township.
(3) By ordinance or resolution, make rules and
regulations for the government of fire companies providing
fire protection to the township and their officers.
§ 4315 . Building and housing regulations.
In addition to other remedies provided by law, the board of
commissioners may enact and enforce suitable ordinances relating
to building and housing regulations in accordance with Chapter
75 (relating to Uniform Construction Code, property maintenance
code and reserved powers).
§ 4316 . Numbering buildings.
The board of commissioners may, by ordinance, require and
regulate the numbering of buildings and lots.
§ 4317 . Regulation of business.
To provide for the prohibition, licensing and regulation of
business, a board of commissioners may:
(1) In addition to licensing in accordance with Chapter
71 (relating to licenses and license fees) , prohibit, license
and regulate by ordinance the following:
(i) The carrying on of any manufacture, art or
business that may be noxious or offensive and prejudicial
to the public health or safety of the inhabitants.
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(ii) The establishment and maintenance of junk
yards, salvage yards and other places used and maintained
for the collection, storage and disposal of used or
second-hand goods and materials.
(iii) With respect to marketplaces:
(A) Regulating markets, whether for individual
use or for resale.
(B) Purchasing and owning ground.
(C) Erecting, establishing and maintaining
marketplaces for which parts of a street or sidewalk
may be temporarily used.
(D) Contracting with a person for the erection,
maintenance and regulation of marketplaces, on terms
and conditions and in a manner as the board of
commissioners prescribes.
(E) Providing and enforcing suitable regulations
respecting marketplaces.
(F) Providing for the payment of the cost or
expense of marketplaces, either in whole or in part,
out of the funds of the township.
(G) Levying and collecting a suitable license
fee from each person who may be authorized by the
board of commissioners to occupy a portion of a
marketplace or a portion of a street or sidewalk for
temporary market purposes.
(2) Notwithstanding paragraph (1), prohibit, license and
regulate businesses unless prohibited by law.
(3) Issue licenses under the act of July 31, 1963
(P.L.410, No.217), entitled "An act regulating and licensing
all sales at retail when such sales are advertised as
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'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or
'Defunct Business Sale,' with exceptions; requiring filing of
inventory and bond; and providing for appeals and penalties."
§ 4318 . Nuisances and dangerous structures.
(a) Authorization.--A board of commissioners may prohibit
and remove a nuisance or dangerous structure on public or
private grounds, including, weeds, accumulations of municipal
waste, the storage of abandoned or junked automobiles and
obstructions or nuisances in the streets of the township.
(b) Powers.--The board of commissioners may:
(1) require the removal of a nuisance or dangerous
structure by the owner or occupier of the grounds; or
( 2) in default of the removal by the owner or occupier
of grounds under paragraph (1), remove the nuisance or
dangerous structure itself and collect the cost of removal,
together with a penalty of 10% of the cost, in the manner
provided by law for the collection of municipal claims, or by
action of assumpsit without the filing of a claim, or the
township may seek relief by bill in equity.
§ 4319 . Municipal waste.
(a) Authorization.--In the manner authorized by the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, and the act of July 28, 1988 (P.L.556, No.101),
known as the Municipal Waste Planning, Recycling and Waste
Reduction Act, a board of commissioners may prohibit
accumulations of municipal waste on public and private property,
including the imposition and collection of reasonable fees and
charges for the collection, removal and disposal of the
municipal waste. As used in this subsection, "municipal waste"
shall have the same meaning as given to the term in the
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Municipal Waste Planning, Recycling and Waste Reduction Act.
(b) Collection and removal.--
(1) The board of commissioners may collect and remove,
by contract or otherwise, municipal waste and recyclable
materials and prescribe penalties for the enforcement of the
collection and removal.
( 2) Except as provided in paragraph (3), a contract with
refuse haulers may be made for an initial period not
exceeding five years with optional renewal periods of up to
five years.
(3) Paragraph (2) shall not apply to a contract with
another political subdivision or with a municipal authority.
(c) Disposal.--
(1) The board of commissioners may dispose of, by
contract or otherwise, municipal waste.
( 2) Except as provided in paragraph (3), a contract with
the owner of a private facility for the disposal or
incineration of municipal waste may be made for a period not
to exceed 20 years.
(3) Paragraph (2) shall not apply to a contract with
another political subdivision or with a municipal authority.
(d) Powers.--The board of commissioners may:
(1) Acquire real property and erect, maintain, improve,
operate and lease, either as lessor or lessee, facilities for
incineration, landfill or other methods of disposal, either
inside or outside the limits of the township, including
equipment, either separately or jointly, with another
political subdivision or with a municipal authority to
provide for any of the following:
(i) The collection, removal, disposal and
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destruction of municipal waste.
(ii) The collection and storage of recyclable
materials.
(iii) The composting of leaf and yard waste.
(2) Provide for the payment of the cost, either in whole
or part, out of the funds of the township.
( 3) Acquire land for landfill purposes and maintain
lands and places for the dumping of municipal waste.
(e) Rates and charges.--The board of commissioners may
establish, alter, charge and collect rates and other charges for
any of the following:
(1) The collection, removal and disposal of municipal
waste and recyclable materials.
(2) The cost of including the payment of indebtedness
incurred for the construction, purchase, improvement, repair,
maintenance and operation of facilities for collection,
removal and disposal.
(3) The amount due under a contract with another
political subdivision or with a municipal authority
furnishing the services or facilities.
(f) Funding.--The board of commissioners may make
appropriations to another political subdivision or a municipal
authority out of the township's general funds, or out of any
other available funds, for the construction, purchase,
improvement, repair, maintenance and operation of a facility for
the collection, removal, disposal or marketing of municipal
waste, recyclable materials or composted leaf and yard waste.
(g) Recycling.--A township shall not be subject to
requirements otherwise imposed by law for the sale of personal
property owned by the township when selling recyclable materials
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or materials separated, collected, recovered or created by
recycling, as provided in the act of April 9, 1992 (P.L.70,
No.21), entitled "An act excluding the sale of recyclable
material from political subdivision personal property sale
restrictions relating to advertising and bidding."
§ 4320 . Fireworks and inflammable articles.
In conformity with Federal and State laws and regulations,
the board of commissioners may, with respect to fireworks and
inflammable articles:
(1) Regulate and prohibit, by ordinance, the manufacture
of fireworks or inflammable or dangerous articles.
( 2) Grant permits for display fireworks and adopt rules
and regulations governing the displays.
(3) Adopt, by ordinance, rules and regulations relating
to the storage of inflammable articles.
(4) Impose, by ordinance, other safeguards concerning
fireworks and inflammable articles as may be necessary for
the health, safety and welfare of the public.
§ 4321 . Smoke regulations.
The board of commissioners may regulate the emission of smoke
from chimneys, smokestacks and other sources, except locomotive
smokestacks, to the extent that the regulation is not otherwise
prohibited by applicable Federal or State law.
§ 4322 . Prohibition of fire-producing devices and smoking.
The board of commissioners may prohibit and regulate the
smoking or carrying of lighted cigarettes, cigars, pipes or
matches and the use of matches or fire-producing devices. An
ordinance enacted or regulation or resolution adopted under this
section shall not regulate smoking in a manner that conflicts
with the act of June 13, 2008 (P.L.182, No.27), known as the
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Clean Indoor Air Act.
§ 4323 . Animals.
The board of commissioners may prohibit or regulate, by
ordinance, the following:
(1) The running at large of dogs and direct the seizure,
detention or euthanization of dogs running at large,
including reasonable associated charges, and provide for the
sale of the dogs for the benefit of the township.
(2) The running at large of other animals and authorize
their seizure and detention, including reasonable associated
charges, and provide for sale of the animals for the benefit
of the township.
§ 4324. Regulation of foundations, party walls and partition
fences.
(a) General rule.--Subject to the provisions of and
regulations adopted under the act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code Act, and
other applicable law, the board of commissioners may provide
regulations for foundations, party walls and partition fences.
(b) Fees authorized.--The board of commissioners may
prescribe and enforce reasonable fees for the services of its
officers and agents in the adjustment of party walls, partition
fences and similar items.
§ 4325. Ambulances and rescue and lifesaving services.
The board of commissioners may:
(1) Acquire, operate and maintain motor vehicles for the
purposes of transporting sick and injured individuals to and
from hospitals.
(2) Appropriate funds toward ambulance and rescue and
lifesaving services.
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(3) Enter into contracts relating to rescue and
lifesaving services.
§ 4326. Display of flags.
The board of commissioners may display the flag of the United
States or the Commonwealth, the official POW/MIA flag or the
flag of a county or municipal corporation in this Commonwealth
on any public building or grounds of the township.
§ 4327. Health and cleanliness regulations.
The board of commissioners may make regulations as necessary
for the health, safety, morals, general welfare, cleanliness,
beauty, convenience and comfort of the township and its
inhabitants.
§ 4328. Public facilities.
The board of commissioners may acquire property for the
purposes of providing, maintaining and operating public
facilities, such as comfort and waiting stations, drinking
fountains and watering troughs.
§ 4329. Hospital appropriations.
The board of commissioners may, in townships having a
population of 2,000 inhabitants or more, appropriate money for
the support of an incorporated hospital that is engaged in
charitable work and extends treatment and medical attention to
the residents of the township.
§ 4330. Community nursing services.
The board of commissioners may appropriate money annually to
nonprofit associations or corporations that provide for:
(1) community nursing services for the elderly and other
needy persons;
(2) the control of communicable disease;
(3) the immunization of children;
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(4) the operation of child health centers; or
(5) instructive visits to parents of new babies
beginning in the prenatal period and family health guidance,
including nutrition and detection and correction of defects.
§ 4331. Parking and parking lots.
(a) General rule.--The board of commissioners may:
(1) Regulate parking and parking lots and provide
parking accommodations to promote the convenience and
protection of the public.
(2) Establish or designate, at the board's discretion,
areas exclusively reserved for parking by handicapped
individuals and post signs regulating the areas.
(3) Erect parking meters and regulate parking meter
charges.
(4) Acquire by gift, purchase, lease or eminent domain,
lands that the board deems necessary or desirable for the
purpose of establishing and maintaining parking lots.
(5) Plan, design, locate, hold, construct, improve,
maintain, operate, own or lease, either in the capacity of
lessor or lessee, and install facilities and equipment on any
land to be devoted to the parking of vehicles.
(b) Fines and fees.--Consistent with 75 Pa.C.S. (relating to
vehicles), the right to regulate the use of the lots shall
include the right to impose fines and fees for violation of any
law or ordinance regulating parking.
(c) Construction.--Nothing in this section may be construed
to limit statutory and regulatory protections and prohibitions
relating to the rights of individuals with disabilities.
§ 4332. Appropriations for certain streets.
The board of commissioners may appropriate money annually for
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improvements to a street which is located wholly or partially
within the township and has been adversely affected by parking
availability as determined by the board.
§ 4333. Airports.
(a) Acquisition of land.--A township may acquire by grant,
lease, purchase or condemnation proceedings, subject to the
limitations in 26 Pa.C.S. § 206 (relating to extraterritorial
takings), any land lying either within or without the limits of
the township which, in the judgment of the board of
commissioners, may be necessary and desirable for the purpose of
establishing and maintaining a municipal airport, landing field,
intermediate landing field, aviation easement or other airport
facility.
(b) Operation and maintenance.--
(1) A township acquiring land under this section may
establish, equip, condition, operate and maintain the land as
a municipal airport, landing field, intermediate landing
field, aviation easement or other airport facility and may
lease the land, or any part, to an individual or corporation
desiring to use the land for aviation purposes.
(2) A township may enter into a contract in the form of
a lease providing for the use of the land, or any part, by
the Federal Government for the Federal Government's use of
the land for aviation purposes upon nominal rental or without
consideration.
(c) Joint acquisition, operation and maintenance.--In
accordance with this section, a township may acquire land
jointly with another municipality for aviation purposes and may
jointly establish, operate and maintain a municipal airport,
landing field, intermediate landing field, aviation easement or
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other airport facility on the jointly acquired land in
accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
intergovernmental cooperation).
§ 4334. Appropriations for airports.
The board of commissioners may appropriate money to assist a
municipality or municipal airport authority to acquire,
establish, operate and maintain air navigation facilities lying
either within or without the limits of the township.
§ 4335. Purchase and planting of trees.
The board of commissioners may accept, purchase and plant, or
contribute to the purchase and planting of, shade trees and
shrubs along the streets, highways and sidewalks of the township
and exercise care, custody and control of shade trees in
accordance with Chapter 73 (relating to parks, recreation
centers, shade trees and forests).
§ 4336. Intergovernmental cooperation.
The board of commissioners may enter into agreements under 53
Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation) with the following:
(1) Other political subdivisions, in accordance with
existing laws, to:
(i) make joint purchases of materials, supplies or
equipment; and
(ii) perform governmental powers, duties and
functions.
(2) The proper authorities of municipal corporations,
regional police or fire forces or other public safety or
governmental entities created by two or more municipal
corporations under 53 Pa.C.S. Ch. 23 Subch. A, for:
(i) mutual aid or assistance in police and fire
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protection or other public safety services or for the
furnishing to or receiving from the municipal
corporations or governmental entities police and fire
protection or other public safety service; and
(ii) making appropriations for public safety
services.
(3) In connection with an agreement under paragraph (2)
for police or fire protection or other public safety
services, the township shall not be required to advertise for
bids or receive bonds as required for contracts under
existing law. When an agreement has been entered into, the
police, firefighters, fire police or other public safety
services of the employing municipal corporation or
governmental entity shall have the powers and authority
conferred by law on police, firefighters, fire police or
other public safety services in the territory of the
municipal corporation that has contracted to secure the
service.
§ 4337. Widening and deepening of watercourses.
(a) General rule.--After permits have been secured from all
applicable agencies, the board of commissioners or an agent or
employee of the board may widen and deepen a watercourse running
through the township and erect dykes, retaining walls and
embankments along the watercourse as necessary to prevent water
from overflowing the watercourse's banks.
(b) Entry on and condemnation of land.--For purposes under
subsection (a), a township may enter and condemn property as may
be necessary. A township may enter land lying near the
watercourse and secure materials as may be necessary in
connection with the work. Damages for property taken, injured or
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destroyed as the result of the work shall be fixed and
determined as provided under 26 Pa.C.S. (relating to eminent
domain).
(c) Appropriations.--A township may appropriate money to
effectuate this section.
§ 4338. Regulation of charges.
The board of commissioners may make and regulate charges for
the use of township facilities.
§ 4339. Street, sewer and sidewalk regulations.
(a) General rule.--The board of commissioners may:
(1) Regulate the streets, sewers, public squares, common
grounds, sidewalks, curbs, gutters, culverts and drains
within the township.
(2) Regulate the heights, grades, widths, slopes and
construction of an item listed under paragraph (1).
(3) Grant rights for the installation and maintenance of
public utilities in the streets, including pipes, wires,
fibers, cables or other utility or service medium.
(b) Compliance and applicability of law.--The power granted
under subsection (a) shall be exercised in compliance with
Federal and State law and shall be subject to the power of the
Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I
(relating to public utility code) to regulate the business,
facilities and service of public utilities, including
determining the location and installation of utility facilities.
§ 4340. Capital reserve fund.
The board of commissioners may establish and maintain a
separate capital reserve fund for anticipated legal capital
expenditures subject to the following:
(1) The fund shall be designated for a specific purpose
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or purposes when established.
(2) The money in the fund shall be used for the
construction, purchase or replacement of or addition to
municipal buildings, equipment, machinery, motor vehicles or
other capital assets of the township as specified at the time
the fund was established and for no other purpose unless the
commissioners, by a four-fifths vote, declare that the
original purpose or purposes have become impracticable,
inadvisable or impossible, or that conditions in the township
make other capital expenditures more urgent than those for
which the fund was established.
(3) The board of commissioners may appropriate money
from the general township fund to be paid into the capital
reserve fund, or place in the capital reserve fund money
received from the sale, lease or other disposition of
township property or from another source unless received or
acquired for a particular purpose.
(4) The fund shall be controlled, invested, reinvested
and administered and the money and any income derived from
the fund expended for a purpose for which the fund was
established in a manner determined by the board of
commissioners.
(5) The money in the fund, when invested, shall be
invested in securities designated by 53 Pa.C.S. Pt. VII
Subpt. B (relating to indebtedness and borrowing) as legal
investments for sinking funds of municipalities.
§ 4341. Operating reserve fund.
(a) General rule.--The board of commissioners may create and
maintain a separate operating reserve fund in order to:
(1) Minimize future revenue shortfalls and deficits.
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(2) Provide greater continuity and predictability in the
funding of vital government services.
(3) Minimize the need to increase taxes to balance the
budget in times of fiscal distress.
(4) Provide the capacity to undertake long-range
financial planning and to develop fiscal resources to meet
long-term needs.
(b) Limitation on appropriations.--The board of
commissioners may annually make appropriations from the general
township fund to the operating reserve fund, but no
appropriation may be made to the operating reserve fund if the
effect of the appropriation would cause the operating reserve
fund to exceed 25% of the estimated revenues of the township's
general fund in the current fiscal year.
(c) Authorized purposes.--The board of commissioners may, at
any time by resolution, make appropriations from the operating
reserve fund for the following purposes only:
(1) Meet emergencies involving the health, safety and
welfare of the residents of the township.
(2) Counterbalance potential budget deficits resulting
from shortfalls in anticipated revenues or program receipts
from any source.
(3) Counterbalance potential budget deficits resulting
from increases in anticipated costs for goods or services.
(4) Provide anticipated operating expenditures related
either to the planned growth of existing projects or programs
or to establish new projects or programs if, for a project or
program, appropriations have been made and allocated to a
separate restricted account established within the operating
reserve fund.
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(d) Investment authorized.--The operating reserve fund shall
be invested, reinvested and administered in a manner consistent
with the provisions of section 4905 (relating to investment of
township funds).
§ 4342. Surplus foods.
The board of commissioners may make an appropriation for the
handling, storage and distribution of surplus foods obtained
through a Federal, State or local agency.
§ 4343. Industrial promotions.
The board of commissioners may make appropriations to an
industrial development agency.
§ 4344. Nondebt revenue bonds.
(a) General rule.--The board of commissioners may issue
nondebt revenue bonds under 53 Pa.C.S. Pt. VII Subpt. B
(relating to indebtedness and borrowing) to provide sufficient
money for and toward the acquisition, construction,
reconstruction, extension or improvement of:
(1) Municipal facilities, including water systems or
facilities.
(2) Sewers, sewer systems and sewage disposal systems or
facilities.
(3) Systems for the treatment or disposal of garbage and
refuse.
(4) Aeronautical facilities, including airports,
terminals and hangars.
(5) Park and recreational facilities, including parking
lots.
(b) Sources of security for nondebt revenue bonds.--Nondebt
revenue bonds issued under subsection (a) shall be secured
solely by the pledge of the whole or part of the rent, toll or
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charge for the use or services of the facilities.
(c) Costs of issue.--Included in the cost of the issue may
be any costs and expenses incident to constructing and financing
the facilities and selling and distributing the bonds.
§ 4345. Historical properties.
The board of commissioners may appropriate money to nonprofit
associations or corporations organized for the purpose of
acquiring and maintaining historical properties. The
appropriations shall only be used by the association or
corporation for the acquisition, restoration and maintenance of
the historical properties.
§ 4346. Insurance.
(a) General rule.--The board of commissioners may secure
insurance or compensation in accordance with Article VI of the
act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, for:
(1) Volunteer firefighters of companies duly recognized
by the township, by motion or resolution, killed or injured
while going to, returning from or attending fires or while
performing any other duties authorized by the township.
(2) Township employees as defined in section 601 of the
Workers' Compensation Act.
(b) Insurance contracts for buildings and property.--The
board of commissioners may enter into contracts for insurance
with an insurance company, association or exchange, authorized
by law to transact business in this Commonwealth, to insure
buildings or property owned or leased by the township.
(c) Insurance contracts for public liability.--The board of
commissioners may enter into contracts for insurance with an
insurance company, association or exchange authorized by law to
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transact business in this Commonwealth to insure any public
liability of the township.
(d) Insurance contracts covering employee life and medical
expenses.--
(1) The board of commissioners may enter into contracts
for insurance with an insurance company, nonprofit
hospitalization corporation, nonprofit medical service
corporation, association or exchange authorized by law to
transact business in this Commonwealth to insure its
employees or commissioners, or any class or classes of the
employees or commissioners or dependents of the employees or
commissioners, under a policy or policies of group insurance
covering life, health, hospitalization, medical and surgical
service or accident insurance.
(2) A life, health, hospitalization, medical service or
accident insurance coverage contract entered into by a
township between January 1, 1959, and December 31, 1984, that
includes or provides coverage for commissioners shall not be
void or unlawful solely because the inclusion of
commissioners was subsequently found to be without lawful
authority. No penalty, assessment, surcharge, forfeiture or
disciplinary action of any kind may occur as a result of
participation by those commissioners. Insurance benefits
payable to insureds or their beneficiaries arising out of or
on account of deaths, injuries, accidents or illnesses
occurring before November 29, 1985, remain the property of
the insureds or beneficiaries of the insureds.
(e) Contracts for employee annuities and pensions.--
(1) The board of commissioners may contract with an
insurance company granting annuities or pensions for the
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pensioning of employees or any class or classes of employees
and pay part or all of the premiums or charges for carrying
the contracts.
(2) A pension or annuity contract entered into by a
township between January 1, 1959, and December 31, 1984, that
includes or provides for benefits for commissioners at
township expense shall not be void or unlawful solely because
the inclusion of commissioners was subsequently found to be
without lawful authority. No penalty, assessment, surcharge
or disciplinary action of any kind may occur as a result of
participation by those commissioners provided that anyone
entitled to benefit coverage under a pension paid for, in
whole or in part, by a township without lawful authority
shall deliver, surrender and assign to the township all
benefits paid under the contract after December 31, 1984.
(3) If an official personally contributed toward a
pension plan or a purchase of an annuity under paragraph (2),
the official shall be refunded the official's total
contributions, plus accumulated interest, less an amount
already paid to the official under the annuity or pension
plan, when the annuity or pension benefits are delivered,
surrendered or assigned to the township, or when the annuity
becomes the property of the township by operation of this
section. In lieu of a refund of total contributions plus
accumulated interest, an official who personally contributed
toward the pension plan or toward the purchase of the annuity
may elect to purchase from the township the township's
interest in that pension plan or annuity program. The
election option shall be exercised within 60 days of November
29, 1985. The value of the interest of the township in the
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pension plan or annuity program with respect to the official
shall be determined by the actuary who prepared the 1983
municipal pension report for the township pension plan or
annuity program under the act of December 6, 1972 (P.L.1383,
No.293), entitled "An act requiring municipal pension systems
to have an actuarial investigation of the fund made by an
actuary who shall report his findings to the Department of
Community Affairs," using the same applicable actuarial
assumptions as used in that report or, if no actuary was
retained for the 1983 report or no 1983 report was filed, by
an actuary retained for the purpose of valuing the township
interest. The cost of the actuarial valuation of the township
interest and future administrative costs of the pension plan
or the annuity program attributable to the official shall be
payable by the official in a manner to be established by
agreement with the township auditors.
(4) No elected or appointed township official included
in a township-paid pension or annuity plan entered into prior
to December 31, 1984, shall be subject to any penalty,
assessment, surcharge or disciplinary action as a result of
the participation. Any residual interest, value, refund of
premium or benefits payable on or after December 31, 1984,
arising out of the township-paid interest of the elected or
appointed township officials shall become the exclusive
property of the township.
(f) Appropriation.--The board of commissioners may
appropriate money from the general township fund for the
purposes of this section.
(g) Construction.--Nothing in this section shall be
construed to affect a contract, right or coverage of insurance
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vested or existing on the effective date of this section.
"Contract," as used in this section, includes an annuity
contract if the option to renew continues to provide the same
rights to the annuitant that existed as of the effective date of
this subsection.
(h) Deduction of premiums and charges.--
(1) The commissioners may deduct from an employee's or
commissioner's pay, salary or compensation the part of the
premium or charge, as is payable by the employee or
commissioner, and as may be authorized by the employee or
commissioner in writing. The insurance shall be uniformly
applicable to each employee or commissioner covered and shall
not give eligibility preference to, or improperly
discriminate in favor of, commissioners.
(2) (Reserved).
(i) Definition.--As used in this section, the term
"employee" does not include an independent contractor, township
engineer and township solicitor.
§ 4347. Appropriations for urban common carrier mass
transportation.
The board of commissioners may:
(1) Appropriate money for urban common carrier mass
transportation purposes from current revenues.
(2) Make annual contributions to county departments of
transportation or urban common carrier mass transportation
authorities to assist the departments or the authorities to
meet the costs of operation, maintenance, capital
improvements and debt service.
(3) Enter into long-term agreements providing for the
payment of the contributions.
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§ 4348. Open burning.
The board of commissioners may regulate open burning,
including the prohibition of the open burning of combustible
materials.
§ 4349. Community development.
The board of commissioners may undertake community
development programs, including urban renewal, public housing,
model cities programs and neighborhood development projects.
§ 4350. Observances and celebrations.
The board of commissioners may appropriate money annually for
the observance of holidays, centennials or other anniversaries
or for township celebrations or civic projects or programs.
§ 4351. Building hospitals.
The board of commissioners may appropriate money toward the
purchase, erection, maintenance or support of medical centers or
hospital building facilities. Approval by the appropriate health
planning agency is required if the total cost of the purchase or
erection exceeds $100,000.
§ 4352. Tourist promotion agencies.
(a) General rule.--The board of commissioners may
appropriate money annually to a tourist promotion agency to
assist the agency in carrying out tourist promotional
activities.
(b) Definition.--As used in this section, the term "tourist
promotion agency" has the same meaning given to it under section
2 of the act of July 4, 2008 (P.L.621, No.50), known as the
Tourism Promotion Act.
§ 4353. Sale of real or personal property to nonprofit medical
service corporation.
The board of commissioners may sell to a nonprofit medical
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service corporation any township-owned:
(1) Real property for the nonprofit medical service
corporation's exclusive use as a site for a medical service
facility.
(2) Personal property for the nonprofit medical service
corporation's use at the medical service facility.
§ 4354. Sale of real or personal property to nonprofit housing
corporation.
The board of commissioners may sell to a nonprofit housing
corporation any township-owned:
(1) Real property for the nonprofit housing
corporation's exclusive use for housing for the elderly.
(2) Personal property for the nonprofit housing
corporation's use at the nonprofit housing corporation.
§ 4355. Nonprofit art corporations.
(a) General rule.--The board of commissioners may
appropriate money annually, of an amount not more than equal to
one mill of the real estate tax, to any nonprofit art
corporation for the conduct of the corporation's artistic and
cultural activities.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Artistic and cultural activities." The term includes the
display or production of theater, music, dance, painting,
architecture, sculpture, arts and crafts, photography, film,
graphic arts and design and creative writing.
"Nonprofit art corporation." A local arts council,
commission or coordinating agency or other nonprofit corporation
engaged in the production or display of works of art, including
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the visual, written or performing arts.
§ 4356. Neighborhood crime watch programs.
(a) General rule.--The board of commissioners may
appropriate money annually to a neighborhood crime watch
program.
(b) Immunity.--Notwithstanding any other provision of law,
no township or official of a township shall become subject to
contractual, tort or other liability as a result of having made
an appropriation under this section.
§ 4357. Drug and alcohol abuse programs.
The board of commissioners may appropriate annually, out of
the general funds of the township, a sum to be divided in
amounts as the commissioners may determine and to be used for
education and development of programs within the community
dealing with drug and alcohol abuse. The money may also be
contributed to existing programs available to the township's
residents in adjacent communities or in the county where the
township is located at the discretion of the board of
commissioners.
§ 4358. Watershed associations.
The board of commissioners may make appropriations to
nonprofit watershed associations for watersheds serving the
township. Appropriations may not be used to undertake litigation
against a municipality or to seek redress against an individual
landowner.
§ 4359. Emergency services.
(a) General rule.--The township shall ensure that fire and
emergency medical services are provided within the township by
the means and to the extent determined by the township,
including the appropriate financial and administrative
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assistance for the services.
(b) Consultation with providers.--The township shall consult
with fire and emergency medical services providers to discuss
the emergency services needs of the township.
(c) Annual itemized listing as condition of funding.--The
township shall require each emergency services organization
receiving township money to provide to the township an annual
itemized listing of all expenditures of the money before the
township may consider budgeting additional money to the
organization.
§ 4360. Mines and quarries.
(a) Duty of owners, operators and superintendents.--The
owner, operator or superintendent of a mine, colliery or quarry
located wholly or partially within the limits of the township
shall furnish maps, plans and drawings of workings, excavations
and surface support to the township as the board of
commissioners may require, and the following shall apply:
(1) In the case of a coal mine or colliery, the map or
plan shall exhibit the workings or excavations in every seam
of coal on a separate sheet and the tunnels and passages
connecting with the workings or excavations.
(2) The map or plan under paragraph (1) shall show:
(i) In degrees the general inclination of the
strata, with any material deflection in the strata in the
workings or excavations.
(ii) Tidal elevations of the bottom of every shaft,
slope, tunnel and gangway and of any other point in the
mine or on the surface where the elevation is deemed
necessary by the township.
(iii) The number of the last survey on the gangways
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or the most advanced workings.
(3) The owner, operator or superintendent of the mine,
colliery or quarry shall update, at least once every three
months, the pertinent maps, plans and drawings to reflect any
extension made in a mine, colliery or quarry during the three
preceding months, except those made within 30 days
immediately preceding the time of placing the extensions on
the map or drawing.
(4) A township engineer, assistant or other person
authorized by the board of commissioners may enter and survey
a mine, colliery or quarry within the limits of the township,
at all reasonable times, but not so as to impede or obstruct
the workings of the mine, colliery or quarry.
(5) The owner, operator or superintendent of the mine,
colliery or quarry shall furnish the means necessary for the
entry, survey and exit.
(b) (Reserved).
§ 4361. Conservation district.
The board of commissioners may make appropriations to a
conservation district, as the term is defined under section 3 of
the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law, in which the township is located.
§ 4362. Electricity.
The board of commissioners may manufacture and sell
electricity and regulate its use and prices under Chapter 67
(relating to manufacture and sale of electricity).
§ 4363. Storm water.
A township may, by ordinance, after obtaining a required
permit from the Department of Environmental Protection or other
Federal or State entity, acquire, operate and maintain areas for
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the infiltration, detention or retention of storm water and for
other methods of storm water management authorized by the
Department of Environmental Protection.
§ 4364. Validity of township records and recording or
transcribing of township records.
(a) General rule.--A township record required to be recorded
or transcribed shall be deemed valid if typewritten, printed,
photocopied, microfilmed or electronically or digitally stored
or retained by any other process that accurately reproduces the
original and forms a durable medium for recording, storing and
reproducing in accordance with the act of May 9, 1949 (P.L.908,
No.250), entitled "An act relating to public records of
political subdivisions other than cities and counties of the
first class; authorizing the recording and copying of documents,
plats, papers and instruments of writing by digital,
photostatic, photographic, microfilm or other process, and the
admissibility thereof and enlargements thereof in evidence;
providing for the storage of duplicates and sale of microfilm
and digital copies of official records and for the destruction
of other records deemed valueless; and providing for the
services of the Pennsylvania Historical and Museum Commission to
political subdivisions."
(b) Specifications of records in books.--If recording or
transcribing in a specified book of record is required,
including minutes of the proceedings of the board of
commissioners, the records shall be recorded or transcribed as
follows:
(1) in a mechanical post binder book capable of being
permanently sealed with consecutively numbered pages with a
security code printed on it and a permanent locking device
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with the township seal being impressed on each page; or
(2) in a bound book with pages being consecutively
numbered by transcribing directly upon the pages of the book
of record or by permanently attaching the records or copies
to the book of record with the township seal being impressed
on each page to which the record is attached, with each
impression covering both a portion of the attached record and
a portion of the page of the book of record to which the
record is attached.
(c) Validation of previous records.--Records previously
recorded or transcribed in a manner authorized by law at the
time the records were recorded or transcribed are validated.
CHAPTER 45
REAL ESTATE REGISTRY
Sec.
4501. Real estate registry.
§ 4501. Real estate registry.
(a) General rule.--For the purpose of procuring accurate
information on the ownership of real estate, the board of
commissioners may provide, by ordinance, for a real estate
registry in a manner not inconsistent with the act of October 9,
2008 (P.L.1400, No.110), known as the Uniform Municipal Deed
Registration Act.
(b) Registry.--The board of commissioners shall designate a
person to have charge of the registry who shall make and
carefully preserve the necessary books, maps and plans as may
show the location and ownership of each lot, piece of real
estate and subdivision of real estate. For purposes of
establishing or maintaining the registry, the person in charge
of the registry shall have access to public records without
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charge.
(c) Validity of certain claims.--Information contained
within a real estate registry shall not affect the validity of a
municipal claim or tax claim of the township.
(d) Additional information as may be required.--Nothing in
this section shall be construed to prohibit a township from
requiring owners to provide information relevant to the
enforcement of a township ordinance in accordance with law.
CHAPTER 47
PUBLIC HEALTH
Sec.
4701. Appointment of boards of health and health officers.
4702. Members of board.
4703. Organization of board.
4704. Duties of secretary.
4705. Powers and duties of health officer.
4706. Powers and duties of board of health.
4707. Entry of premises.
4708. Abatement of nuisances.
4709. Expenditures.
4710. Cooperation in health work.
4711. Powers of Department of Health.
§ 4701. Appointment of boards of health and health officers.
(a) General rule.--The board of commissioners may, by
ordinance, establish a board of health or the office of health
officer to administer and enforce the health ordinances and
related ordinances of the township. A health officer must,
whether appointed by the board of commissioners or by the board
of health, have experience or training in public health work and
must, within six months of taking the oath of office, be
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certified for the office of health officer by the Department of
Health.
(b) Payment of expenses.--Expenses incurred by the board of
health or a health officer shall be paid by the township.
(c) Dissolution.--A township may, by ordinance, dissolve a
board of health or the office of health officer and decide to
become subject to the jurisdiction of a county department of
health or joint county department of health under the act of
August 24, 1951 (P.L.1304, No.315), known as the Local Health
Administration Law.
§ 4702. Members of board.
(a) Composition.--
(1) A board of health appointed by the board of
commissioners shall be composed of three or five members, at
the discretion of the board of commissioners.
(2) At least one of the board members shall be a
reputable professional health care provider with no less than
two years' experience in the practice of the respective
profession.
(3) If no professional health care provider can be
identified to serve on the board, the board of commissioners
may appoint an individual at a public meeting who has
experience in, or is knowledgeable of, public health issues.
(b) First appointments.--At the first appointment for a
board:
(1) With three members:
(i) One member shall be appointed to serve for one
year.
(ii) One member shall be appointed to serve for two
years.
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(iii) One member shall be appointed to serve for
three years.
(2) With five members:
(i) One member shall be appointed to serve for one
year.
(ii) One member shall be appointed to serve for two
years.
(iii) One member shall be appointed to serve for
three years.
(iv) One member shall be appointed to serve for four
years.
(v) One member shall be appointed to serve for five
years.
(3) Subsequent terms for board members shall be
staggered, and, for a three-member board, a subsequent term
shall be three years, and, for a five-member board, a
subsequent term shall be five years.
(c) Salary for secretary.--The members of the board of
health shall serve without compensation, but if a member of the
board shall be elected to the office of secretary, the member
shall be entitled to receive a salary fixed by the board for
that office.
(d) Definition.--As used in this section, the term
"professional health care provider" means an individual who is
licensed, certified or registered to practice or operate in the
health care field under the laws of this Commonwealth. The term
includes the following:
(1) A physician.
(2) A dentist.
(3) A podiatrist.
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(4) A chiropractor.
(5) An optometrist.
(6) A psychologist.
(7) A pharmacist.
(8) A registered or practical nurse.
(9) A physical therapist.
(10) A physician's assistant.
(11) A paramedic.
(12) An administrator of a hospital, nursing or
convalescent home or other health care facility.
(13) A veterinarian.
§ 4703. Organization of board.
(a) Oath of office.--The members of the board shall each
take the oath or affirmation prescribed for township officers. A
secretary or health officer appointed under subsection (b) shall
take the oath or affirmation required of members of the board.
(b) Officers.--The board shall annually organize by electing
a president from among the members of the board, a secretary,
who need not be a member of the board, and a health officer, who
may not be a member of the board. The secretary and the health
officer shall receive salaries fixed by the board and ratified
by the board of commissioners and shall serve for a period of
one year or until a successor is elected and qualified.
(c) Bonds.--The board of commissioners may require the
secretary and health officer to furnish a bond to the township,
in an amount fixed by ordinance, for the faithful discharge of
the secretary's or health officer's duties.
(d) Payment of fees and penalties into township treasury.--
Fees collected or received by the board, or by an officer in the
officer's official capacity, shall be paid into the township
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treasury monthly, together with penalties which shall be
recovered for the violation of a regulation of the board.
(e) Oaths and affirmations.--The president and secretary
shall have full power to administer oaths or affirmations in any
proceeding or investigation regarding the regulations of the
board but shall not be entitled to receive a fee for the
administration of oaths and affirmations.
§ 4704. Duties of secretary.
The secretary of the board has the following duties:
(1) Maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating
to records), the minutes of the proceedings of the board and
keep accurate accounts of the expenditures of the board.
(2) Transmit bills to the board of commissioners for
payment in the same manner as other bills of the township are
paid.
(3) Draw requisitions for the payment of money on
account of the board of health and present the requisitions
to the president of the board for the president's approval.
(4) Provide statements of the expenditures to the board
at each stated meeting or as frequently as the board
requires.
(5) Prepare, under the direction of the board, the
annual report to the board of commissioners and the estimate
of appropriation needed for the following year.
(6) Report to the Department of Health at statutorily or
regulatorily required intervals the cases of communicable
disease reported to the board of health on the form provided
by the Department of Health and make an annual report to the
Department of Health.
(7) Perform other duties as may be required by the board
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of health.
§ 4705. Powers and duties of health officer.
(a) Citations.--A health officer may issue a citation for a
violation of a health ordinance or related law.
(b) Duties.--A health officer has the following duties:
(1) Administer and enforce the health ordinances of the
township and related laws.
(2) Perform the duties as are vested in local health
officers by statute or regulation.
(3) Make sanitary inspections.
(4) Execute the orders of the board of health.
(5) Attend all regular and special meetings of the board
of health.
§ 4706. Powers and duties of board of health.
(a) General rule.--A board of health has the following
powers:
(1) Recommend to the board of commissioners rules and
regulations necessary for the preservation of the public
health and for carrying into effect the functions of the
board.
(2) Appoint a health officer.
(3) Abate and remove nuisances the board of health deems
detrimental to the public health.
(4) Mark infected premises.
(b) Enforcement.--A board of health has the duty to enforce
all of the following related to the promotion of public health
and prevention of the introduction and spread of infectious or
contagious disease:
(1) A statute.
(2) A regulation of the Department of Health.
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(3) An ordinance of the township.
§ 4707. Entry of premises.
(a) General rule.--Upon order of the board of health or upon
order of a health officer if there is no board of health, the
following individuals may enter a premises in the township where
an infectious or contagious disease or a nuisance detrimental to
the public health is suspected and examine and abate the disease
or nuisance:
(1) A member of the board of health.
(2) A health officer.
(3) An employee of a board of health or a health
officer.
(4) An agent of a board of health or a health officer.
(b) Search warrant.--If entry to the premises under
subsection (a) is prevented, the board of health or health
officer may obtain an administrative search warrant from a
magisterial district judge with jurisdiction over the premises
upon a showing of any of the following:
(1) Reasonable standards and an administrative plan for
conducting inspections.
(2) The condition of the premises or general area and
the passage of time since the last inspection.
(3) Probable cause of a violation of a law specified in
section 4706(b) (relating to powers and duties of board of
health).
§ 4708. Abatement of nuisances.
(a) General rule.--If the board of health, or health officer
if there is no board of health, finds a condition or premises to
be a nuisance to the health of the residents of the township,
the board of health or health officer shall issue a written
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order of abatement directed to the owner, agent of the owner or
the occupant of the premises. The order, which shall be a public
record, shall state that the conditions specified in the order
constitute a nuisance and order an abatement of the nuisance
within a specified reasonable time.
(b) Noncompliance.--Upon noncompliance of the order under
subsection (a), the board shall issue a written order to the
health officer directing removal or abatement of the nuisance.
An order shall be executed by the health officer or an agent of
the health officer. The expense of the execution of the order
shall be recoverable as a nuisance claim from the owner of the
premises with a 10% penalty.
(c) Other relief.--In lieu of or in addition to the
procedures under subsections (a) and (b), the board of
commissioners may seek relief from a nuisance or threatened
nuisance by an action at law or in equity. The board of
commissioners may seek guidance of the board or health officer
in determining the nature of the relief requested.
§ 4709. Expenditures.
(a) Estimate of expenditures.--The board of health or the
health officer shall submit to the board of commissioners,
before commencement of the township's fiscal year, an estimate
of the probable expenditures of the board of health or the
health officer during the ensuing fiscal year.
(b) Appropriations.--The board of commissioners shall make
appropriations based on the estimate as deemed necessary.
(c) Report.--The board of health or the health officer
shall, each January, submit a report to the board of
commissioners on the appropriation and expenditures for the
preceding fiscal year and information on subjects relative to
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the sanitary conditions or requirements of the township.
§ 4710. Cooperation in health work.
A township may cooperate with a political subdivision and
with the Department of Health in the administration and
enforcement of health laws.
§ 4711. Powers of Department of Health.
(a) General rule.--Nothing in this part may be construed to
limit the powers and duties of the Department of Health,
including the powers and duties under Article XXI of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
(b) Expenses.--
(1) The expenses of the Department of Health for which
the township is liable shall be paid by the township where
the expenses have been incurred.
(2) If expenses under paragraph (1) are unpaid for a
period of more than three months after a statement of the
expenses has been rendered to the township and demand for
payment is made, the Secretary of Health shall, with the
approval of the Governor, institute an action against the
township for the collection of the expenses. The
reasonableness of the expenditures made by the secretary
shall be submitted to the jury for the jury's determination.
(3) Upon payment, the Department of Health shall return
the money to the State Treasurer, who shall credit the amount
to the appropriation made to the Department of Health.
CHAPTER 49
FINANCE AND TAXATION
Sec.
4901. Fiscal year, annual budget and regulation of
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appropriations.
4902. Budget amendment.
4903. Uniform financial report and forms.
4904. Appropriations not to be exceeded.
4905. Investment of township funds.
4906. Indebtedness and orders of previous years.
4907. Disbursements to pay indebtedness.
4908. Tax levies.
4909. Additions and revisions to duplicates.
4910. Authority to levy, assess and collect mercantile and
business privilege taxes on gross receipts.
4911. Tax rates to be expressed in dollars and cents.
4912. Special levies to pay indebtedness.
4913. Delivery of duplicates.
§ 4901. Fiscal year, annual budget and regulation of
appropriations.
(a) Fiscal year.--The fiscal year in townships of the first
class shall begin on January 1 and end on December 31.
(b) Annual budget.--The board of commissioners shall
annually prepare a proposed budget for all funds for the ensuing
fiscal year. The proposed budget shall reflect as nearly as
possible the estimated revenues and expenditures of the township
for the year for which the budget is prepared.
(c) Notice of proposed budget.--Notice that the proposed
budget is available for inspection and copying shall be
published by the township in a newspaper of general circulation
in accordance with the provisions of section 1107 (relating to
legal advertising). The proposed budget shall be kept on file
with the township secretary and be made available for public
inspection and copying by the township secretary for a period of
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20 days. The notice shall state the date fixed by the board of
commissioners for adoption of the proposed budget, and notice
shall be published at least 20 days prior to the time fixed by
the board of commissioners for adoption of the proposed budget.
A township may not prepare and advertise notice of a proposed
budget when the budget is knowingly inaccurate.
(d) Adoption of budget.--After the proposed budget has been
available for public inspection for at least 20 days, the board
of commissioners shall, after making revisions as appropriate,
adopt the final budget not later than December 31.
(e) Revision of budget.--Upon a revision of the proposed
budget, if the estimated revenues or expenses in the budget will
be increased more than 10% in the aggregate, or more than 25% on
any individual item, over the proposed budget, it shall be
presumed that the tentative budget was inaccurate, and the
proposed budget may not be legally adopted with the increases
unless the proposed budget is again advertised once, at least 10
days before adoption, and an opportunity given to taxpayers to
examine the amended proposed budget.
(f) Regulation of appropriations.--The tax levied by the
board of commissioners shall be fixed, within the limit allowed
by law, that together with other sources of revenue will meet
and cover appropriations. The total appropriation may not exceed
the revenues estimated as available for the fiscal year. If the
money available from taxation and other sources is estimated to
be in excess of the requirements of the ensuing fiscal year, an
appropriation may be made for the payment of township orders or
indebtedness of the previous years. A budget adopted in the
December prior to the fiscal year to which the budget applies
may be amended.
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(g) Supplemental appropriations.--The board of commissioners
may at any time by resolution make supplemental appropriations
for any lawful purpose from any money on hand or estimated to be
received within the fiscal year and not appropriated to any
other purpose, including the proceeds of any borrowing as
authorized by law. Supplemental appropriations may be made
whether or not an appropriation for that purpose was included in
the original budget as adopted.
(h) Transfers.--The board of commissioners may, by
resolution, transfer unencumbered money from one township
account to another, but no money may be transferred from the
fund allocated for the payment of debts or from any fund raised
by a special tax levy or assessment for a particular purpose.
Transfers may not be made during the first three months of the
fiscal year. No money may be paid out of the township treasury
except upon appropriation made according to law.
§ 4902. Budget amendment.
(a) General rule.--During the month of January next
following a municipal election, the board of commissioners may
amend the budget and the levy and tax rate to conform with the
amended budget. A period of 10 days' public inspection at the
office of township secretary of the proposed amended budget
after notice by the township secretary to that effect is
published once in a newspaper of general circulation, as
provided in section 1107 (relating to legal advertising), shall
intervene between the proposed amended budget and the amended
budget's adoption. An amended budget must be adopted by the
board of commissioners on or before the 15th day of February.
(b) Limitation.--No proposed amended budget may be revised
upward in excess of 10% in the aggregate or in excess of 25% of
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the amount of an individual item in the proposed amended budget.
§ 4903. Uniform financial report and forms.
(a) Preparation of forms.--The uniform forms for the annual
financial report required to be made by the township auditors or
controller to the Department of Community and Economic
Development shall be prepared by a committee consisting of four
representatives from the Pennsylvania State Association of
Township Commissioners and the Secretary of Community and
Economic Development, or the secretary's agent or designee who
shall be a person trained in the field of municipal finance.
(b) Appointment of representatives.--The representatives of
townships shall be appointed by the president of the
Pennsylvania State Association of Township Commissioners. The
representatives shall be chosen from among the finance officers
or other officers of townships who have knowledge of fiscal
procedures. As far as possible, the representatives shall be
chosen to represent townships in the various population groups
within the range of townships of the first class. The president
of the organization shall supply to the Department of Community
and Economic Development the names and addresses of the
representatives immediately upon their appointment.
(c) Expenses and meetings.--The representatives shall serve
without compensation but shall be reimbursed by the Commonwealth
for the necessary expenses incurred in attending meetings of the
committee. The committee shall meet at the call of the Secretary
of Community and Economic Development, or the secretary's agent
or designee, who shall serve as chairperson of the committee.
(d) Duties of secretary.--It shall be the duty of the
Secretary of Community and Economic Development, or the
secretary's agent or designee, to ensure that the forms required
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under this chapter are prepared in cooperation with the
committee. In the event that the committee should for any reason
fail to cooperate, the Secretary of Community and Economic
Development, or the secretary's agent or designee, shall prepare
the forms. After the forms are prepared, the Secretary of
Community and Economic Development, or the secretary's agent or
designee, shall issue the forms and distribute them annually, as
needed, to the designated officers of each township.
§ 4904. Appropriations not to be exceeded.
The township may not hire employees, purchase materials,
execute contracts or issue orders for the payment of money if it
would result in the total expenditure of money for a specific
purpose to exceed the amount appropriated for that purpose.
§ 4905. Investment of township funds.
(a) General rule.--The board of commissioners shall have
power to provide for the investment of money in the general
township fund or in special funds.
(b) Sinking funds.--The board of commissioners shall have
power to invest township sinking funds as authorized under 53
Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing).
(c) Investment standard.--The board of commissioners shall
invest township funds consistent with sound business practices.
(d) Restrictions.--The board of commissioners shall provide
for an investment program subject to restrictions contained in
this chapter and in any other applicable statute and any rules
and regulations adopted by the board of commissioners.
(e) Authorized investments.--In addition to investments
authorized under the act of July 25, 1973 (P.L.217, No.53),
entitled "An act authorizing cities of the first class and
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second class to invest all funds received and deposited with the
city treasurer in certain commercial paper under certain terms
and conditions; and providing for investment of public
corporation or municipal authority funds," a township may invest
in:
(1) United States Treasury bills.
(2) Short-term obligations of the United States
Government or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other
than certificates of deposit, or share accounts of
institutions insured by the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund
to the extent that the accounts are insured, and, for any
amounts above the insured maximum, provided that approved
collateral as provided by law shall be pledged by the
depository. Those deposits are differentiated from savings or
demand deposits as authorized by the act of July 25, 1973
(P.L.217, No.53).
(4) Obligations of any of the following:
(i) the United States of America or any of its
agencies or instrumentalities backed by the full faith
and credit of the United States of America;
(ii) the Commonwealth of Pennsylvania or any of its
agencies or instrumentalities backed by the full faith
and credit of the Commonwealth; or
(iii) a political subdivision of the Commonwealth of
Pennsylvania or any of its agencies or instrumentalities
backed by the full faith and credit of the political
subdivision.
(5) Shares of an investment company registered under the
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Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
80a-1 et seq.), whose shares are registered under the
Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et
seq.), provided that the only investments of that company are
in the authorized investments for township funds listed in
paragraphs (1), (2), (3) and (4), and both of the following
conditions are met:
(i) The investment company is managed in accordance
with 17 CFR 270.2a-7 (relating to money market funds).
(ii) The investment company is rated in the highest
category by a nationally recognized rating agency.
(6) Certificates of deposit purchased from institutions
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund to the extent that
the accounts are insured, and, for any amounts above the
insured maximum, provided that approved collateral as
provided by law shall be pledged by the depository.
Certificates of deposit purchased from commercial banks shall
be limited to an amount equal to 20% of a bank's total
capital and surplus. Certificates of deposit purchased from
savings and loan associations or savings banks shall be
limited to an amount equal to 20% of an institution's assets
minus liabilities.
(7) An investment authorized under 20 Pa.C.S. Ch. 73
(relating to municipalities investments) shall be an
authorized investment for a pension or retirement fund.
(f) Powers of board of commissioners.--In making investments
of township funds, the board of commissioners shall have
authority to:
(1) Permit assets pledged as collateral under subsection
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(e)(3), to be pooled in accordance with the act of August 6,
1971 (P.L.281, No.72), entitled "An act s tandardizing the
procedures for pledges of assets to secure deposits of public
funds with banking institutions pursuant to other laws;
establishing a standard rule for the types, amounts and
valuations of assets eligible to be used as collateral for
deposits of public funds; permitting assets to be pledged
against deposits on a pooled basis; and authorizing the
appointment of custodians to act as pledgees of assets."
(2) Combine money from more than one fund under township
control for the purchase of a single investment if:
(i) each of the funds combined for the purpose shall
be accounted for separately; and
(ii) the earnings from the investment are separately
and individually computed and recorded and credited to
the accounts from which the investment was purchased.
(3) Join with one or more other political subdivisions
and municipal authorities in accordance with 53 Pa.C.S. Ch.
23 Subch. A (relating to intergovernmental cooperation) in
the purchase of a single investment, provided that the
requirements of paragraph (2) are met.
§ 4906. Indebtedness and orders of previous years.
No order or indebtedness of a previous year may be paid out
of the funds of a fiscal year, unless the funds available from
taxation and other sources are estimated to be in excess of
requirements for the current fiscal year. If the available funds
are in excess of the current fiscal year requirements, an
appropriation may be made for this purpose to the extent of the
excess, or unless, after the close of the fiscal year, it shall
be ascertained that the funds appropriated and available for the
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fiscal year are in excess of the amount required, in which case
the surplus may be applied to the former orders of indebtedness.
§ 4907. Disbursements to pay indebtedness.
(a) Procedure.--Disbursements in discharge of township
indebtedness duly incurred shall be made by the township
treasurer or the treasurer's deputy, by virtue of warrants or
orders drawn on the treasurer by the order of the board of
commissioners, signed by the president or vice president and
attested to by the secretary or assistant secretary of the
board.
(b) Approval.--The board shall prescribe, by ordinance, the
manner in which bills for township indebtedness shall be
approved for payment.
§ 4908. Tax levies.
(a) General rule.--The board of commissioners may levy taxes
by resolution for taxes levied at the same rate as or a rate
lower than the previous fiscal year, and by ordinance if the tax
rate increases from the previous fiscal year. Taxes may be
levied upon all property and occupations within the township
made taxable for township purposes and subject to valuation and
assessment by the county assessment office, for the following
purposes and at the following rates:
(1) An annual tax for general township purposes, not
exceeding 30 mills, unless the board of commissioners by
majority action shall, upon due cause shown by resolution,
petition the court of common pleas for the right to levy
additional millage for general revenue purposes. The court,
after public notice as the court may direct and after
hearing, may order a greater rate than 30 mills but not
exceeding five additional mills to be levied.
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(2) The following:
(i) An annual tax not exceeding three mills for the
purpose of:
(A) building and maintaining suitable places for
the housing of fire apparatus;
(B) purchasing, maintaining and operating fire
apparatus;
(C) making of appropriations to fire companies
located inside or outside the township;
(D) contracting with adjacent municipalities or
volunteer fire companies in adjacent municipalities
for fire protection;
(E) the training of fire personnel and payments
to fire training schools and centers;
(F) the purchase of land upon which to erect a
fire house; and
(G) the erection and maintenance of a fire house
or fire training school and center.
(ii) The township may appropriate up to one-half,
but not to exceed one mill, of the revenue generated from
a tax under this clause for the purpose of paying
salaries, benefits or other compensation of fire
suppression employees of the township or a fire company
serving the township. For any calendar year, the board of
commissioners may waive the appropriation limitation
under this subparagraph by resolution.
(iii) If an annual tax for the purposes specified in
this paragraph is proposed to be set at a level higher
than three mills, the question shall be submitted to the
voters of the township and the county board of elections
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shall frame the question in accordance with the election
laws of this Commonwealth for submission to the voters of
the township.
(3) An annual tax, not exceeding one-tenth of one mill,
for the purpose of caring for trees planted under the
supervision of the shade tree commission and for the purpose
of publishing notices of meetings to consider the planting,
removing or changing of trees. In lieu of the tax provided
for in this paragraph, the board of commissioners may, by
specific appropriation, provide for the maintenance of shade
trees by appropriation from the general fund of the township.
(4) An annual tax so long as necessary for the purpose
of procuring a lot or erecting a building on a lot for a
municipal building and for the payment of indebtedness
incurred in connection with procuring the lot or erecting the
building.
(5) An annual tax sufficient to pay interest and
principal on indebtedness incurred under 53 Pa.C.S. Pt. VII
Subpt. B (relating to indebtedness and borrowing) or any
prior or subsequent act governing the incurrence of
indebtedness of the township.
(6) An annual tax not exceeding one-half of one mill to
provide for pensions, retirement or the purchase of annuity
contracts for township employees. This tax shall be kept in a
separate fund and used only for the purposes provided in this
paragraph.
(7) (i) An annual tax not exceeding one-half mill for
the purpose of supporting ambulance, rescue and other
emergency services serving the township, except as
provided in subsection (c).
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(ii) The township may appropriate up to one-half of
the revenue generated from a tax under this clause for
the purpose of paying salaries, benefits or other
compensation of employees of an ambulance, rescue or
other emergency service serving the township. For any
calendar year, the board of commissioners may waive the
appropriation limitation under this subparagraph by
resolution.
(8) An annual tax not exceeding five mills to create and
maintain a revolving fund to be used in making permanent
street, sidewalk, water supply or sewer improvements before
the collection of all or part of the cost from property
owners as otherwise authorized under this part. A revolving
fund may also be used for the deposit of funds raised through
the issuance of general obligation bonds of the township for
the making of permanent street, sidewalk, water supply or
sewer improvements. When all or part of the cost of the
construction of a permanent street, sidewalk, water supply or
sewer improvement is paid from the revolving fund and is
later assessed and collected from property owners as
otherwise authorized under this part, the collections shall
be applied to the credit of the revolving fund to the extent
of the withdrawal from the revolving fund for that purpose.
(9) An annual tax sufficient for the purpose of
constructing, maintaining and operating parks, recreation
areas, facilities and programs or for paying the township's
share of a joint action with one or more political
subdivisions, in accordance with section 7306 (relating to
joint ownership and maintenance).
(b) Applicability.--This section does not include:
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(1) the levy of taxes upon particular districts or parts
of a township for particular purposes; or
(2) special levies otherwise provided for in this part.
(c) Referendum.--The tax for supporting ambulance and rescue
squads serving the township shall not exceed the rate specified
in subsection (a)(7) except when the question is submitted to
the voters of the township in the form of a referendum which
will appear on the ballot in accordance with the election laws
of this Commonwealth, in which case the rate shall not exceed
three mills. The county board of elections shall frame the
question to be submitted to the voters of the township in
accordance with the election laws of this Commonwealth.
§ 4909. Additions and revisions to duplicates.
(a) Reassessment.--If in a township there is any
construction of a building or buildings not otherwise exempt as
a dwelling after January 1 of any year and the building is not
included in the tax duplicate of the township, the county
assessment office shall, upon the request of the board of
commissioners, direct the assessor in the county assessment
office to inspect and reassess, subject to the right of appeal
and adjustment by statute, the taxable property in the township
to which major improvements have been made after January 1 of
any year and to give notice of the reassessments within 10 days
to the authority responsible for assessments, the township and
the property owner.
(b) Addition to duplicate.--The real property shall be added
to the duplicate and shall be taxable for township purposes at
the reassessed valuation for that proportionate part of the
fiscal year of the township remaining after the property was
improved. Any improvement made during the month shall be
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computed as having been made on the first day of the month.
(c) Notice of taxes due.--A certified copy of the additions
or revisions to the duplicate shall be furnished by the board of
township commissioners to the township tax collector, together
with the board's warrant for collection of the same, and within
10 days the township tax collector shall notify the owner of the
property of the taxes due the township.
§ 4910. Authority to levy, assess and collect mercantile and
business privilege taxes on gross receipts.
Notwithstanding section 533(b) of the act of December 13,
1988 (P.L.1121, No.145), known as the Local Tax Reform Act, a
township of the first class or a home rule municipality that
previously had been a township of the first class and that has a
population exceeding 70,000 which, before December 1, 1988, has
levied, assessed or collected or provided for the levying,
assessment or collection of a mercantile tax on gross receipts
or parts of gross receipts may levy, assess and collect or
provide for the levying, assessment or collection of mercantile
and business privilege taxes on gross receipts or parts of gross
receipts. This authority shall apply to the tax year beginning
January 1, 1998, and to each tax year thereafter.
§ 4911. Tax rates to be expressed in dollars and cents.
If the board of commissioners, by ordinance or resolution,
fixes the rate of taxation for any year at a mill rate, the
ordinance or resolution shall also include a statement
expressing the rate of taxation in dollars and cents on each
$100 of assessed valuation of taxable property.
§ 4912. Special levies to pay indebtedness.
In addition to the levies provided for in section 4908
(relating to tax levies), when it is shown to the court that the
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debts due by a township exceed the amount which the board of
commissioners may collect in any year by taxation, the court,
after ascertaining the amount of indebtedness of the township,
may, in an action of mandamus, direct the board of commissioners
by special taxation to collect an amount sufficient to pay the
debts. If the amount of the indebtedness is so large as to
render it unadvisable to collect the entire amount in any one
year, taking into consideration other necessary taxation, the
court may direct the special taxes to be levied and collected
during successive years as may be required for payment of the
debt.
§ 4913. Delivery of duplicates.
The board of commissioners shall, within 30 days after
adoption of the budget or within 30 days after receipt of the
assessment roll from the county, whichever is later, deliver a
duplicate of the assessment of township taxes to the township
tax collector, together with the board's warrant for collection
of the taxes.
CHAPTER 51
CONTRACTS
Sec.
5101. Power to make contracts.
5102. Regulation of contracts.
5103. Evasion of advertising requirements.
5104. Bonds for protection of labor and materials.
5105. Purchase contracts for petroleum products and fire
companies, rescue companies and ambulance companies.
5106. Separate specifications for branches of work.
5107. Workers' compensation insurance.
5108. Personal interest in contracts and purchases.
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§ 5101. Power to make contracts.
(a) Purposes.--A township may make contracts for lawful
purposes and for the purposes of carrying into execution the
provisions of this part and the laws of this Commonwealth.
(b) Lowest responsible bidder.--Except as otherwise
specifically provided in this part, contracts and purchases must
be made with and from the lowest responsible bidder. For
purposes of this chapter, the lowest responsible bidder need not
be the bidder submitting the lowest dollar amount bid. A
township may also consider the quality of goods or services
supplied, ease of repair, compatibility with other township
equipment or services, responsiveness, past performance of the
bidder and any other reasonable factors specified in the
advertisement for bids.
(c) Electronic bids.--A township may permit the electronic
submission of bids and may receive bids electronically for
competitive bid purchases and contracts under 62 Pa.C.S. Ch. 46
(relating to electronic bidding by local government units).
§ 5102. Regulation of contracts.
(a) Advertisement.--A contract or purchase in excess of the
base amount of $18,500, subject to adjustment under subsection
(d), except those mentioned in this section and except as
provided under the act of October 27, 1979 (P.L.241, No.78),
entitled "An act authorizing political subdivisions,
municipality authorities and transportation authorities to enter
into contracts for the purchase of goods and the sale of real
and personal property where no bids are received," shall be in
writing and shall be made only after notice by the secretary,
published once in one newspaper of general circulation,
published or circulating in the county in which the township is
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situated. The advertisement shall be published not less than 10
days prior to the date fixed for the opening of bids and shall
also be posted in a conspicuous place within the township. The
advertisement for contracts or purchases shall contain the date,
time and location for opening of bids and shall state the amount
of the performance bond determined under subsection (f). The
advertisement shall also contain full plans and specifications,
or refer to the places where copies of plans and specifications
can be obtained. The plans and specifications shall be on file
not less than 10 days in advance of opening bids.
(b) Amount of contract.--The amount of the contract shall in
all cases, whether of straight sale price, conditional sale,
lease, lease purchase or otherwise, be the entire amount which
the township pays to the successful bidder or the bidder's
assigns in order to obtain the services or property, or both.
The amount of the contract shall not be construed to mean only
the amount that is paid to acquire title or to receive any other
particular benefit or benefits of the whole bargain.
(c) Price quotations.--Written or telephonic price
quotations from at least three qualified and responsible
contractors shall be requested for a contract in excess of the
base amount of $10,000, subject to adjustment under subsection
(d) but less than the amount requiring advertisement and
competitive bidding. In lieu of a price quotation, a memorandum
shall be kept on file showing that fewer than three qualified
contractors exist in the market area within which it is
practicable to obtain quotations. A written record of telephonic
price quotations shall be made and shall contain at least the
date of the quotation, the name of the contractor and the
contractor's representative, the construction, reconstruction,
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repair, maintenance or work that was the subject of the
quotation and the price. Written price quotations, written
records of telephonic price quotations and memoranda shall be
retained for a period of three years. As used in this section,
"written price quotations" include electronic mail.
(d) Adjustment to base amount.--An adjustment to the base
amounts specified under subsections (a) and (c) shall be made as
follows:
(1) The Department of Labor and Industry shall determine
the percentage change in the Consumer Price Index for All
Urban Consumers: All Items (CPI-U) for the United States City
Average as published by the United States Department of
Labor, Bureau of Labor Statistics, for the 12-month period
ending September 30, 2012, and for each successive 12-month
period.
(2) If the department determines that there is no
positive percentage change, then no adjustment to the base
amounts may occur for the relevant time period provided for
in this subsection.
(3) If the department determines that there is a
positive percentage change in the first year that the
determination is made under paragraph (1):
(i) The positive percentage change shall be
multiplied by each base amount, and the products shall be
added to the base amounts, respectively, and the sums
shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be
rounded to the nearest $100 to determine the final
adjusted base amounts for purposes of subsections (a) and
(c).
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(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied
by the most recent preliminary adjusted amounts, and the
products shall be added to the preliminary adjusted amount of
the prior year to calculate the preliminary adjusted amounts
for the current year. The sums shall be rounded to the
nearest $100 to determine the new final adjusted base amounts
for purposes of subsections (a) and (c).
(5) The determinations and adjustments required under
this subsection shall be made in the period between October 1
and November 15 of each year.
(6) The final adjusted base amounts and new final
adjusted base amounts obtained under paragraphs (3) and (4)
shall become effective January 1 for the calendar year
following the year in which the determination required under
paragraph (1) is made.
(7) The department shall transmit notice to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin prior to January 1 of each calendar
year of the annual percentage change determined under
paragraph (1) and the unadjusted or final adjusted base
amounts determined under paragraphs (3) and (4) at which
competitive bidding is required under subsection (a) and
written or telephone price quotations are required under
subsection (c), respectively, for the calendar year beginning
the first day of January after publication of the notice. The
notice shall include a written and illustrative explanation
of the calculations performed by the department in
establishing the unadjusted or final adjusted base amounts
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under this subsection for the ensuing calendar year.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not
exceed 3%.
(e) Bids.--
(1) The following apply:
(i) If advertisement and bidding are required, the
advertisement shall specify the date, time and place bids
will be received and the date, time and place for the
opening of bids.
(ii) At the board of commissioners' request, the
bids advertised for must be accompanied by cash, money
order, a certified or cashier's good faith check or other
irrevocable letter of credit drawn upon a bank authorized
to do business in this Commonwealth or by a bond with
corporate surety in the amount as the board of
commissioners determine, and, when requested, no bid may
be considered unless so accompanied.
(iii) Bids received pursuant to an advertisement
shall be opened publicly by the board of commissioners or
the board's agent or employees. The amount of each bid
and any other relevant information as may be specified by
the board, together with the name of each bidder, shall
be disclosed and recorded, and the record shall be open
to public inspection and copying.
(iv) At a public meeting of the board of
commissioners, the board shall either award the contract
or reject all bids.
(2) A contract executed in violation of the provisions
of this section shall be void. Nothing in this section may
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prevent the making of contracts for governmental services for
a period exceeding one year, but a contract shall be executed
only for the amounts agreed to be paid for the services to be
rendered in succeeding fiscal years.
(f) Performance bond.--The successful bidder, when
advertising is required, shall be required to furnish a bond or
irrevocable letter of credit or other security with suitable
reasonable requirements guaranteeing the performance of the
contract, with sufficient surety, in an amount as determined by
the board of commissioners. The amount shall be not less than
10% nor more than 100% of the amount of the liability under the
contract within 20 days after the contract has been awarded,
unless the board of commissioners shall prescribe a shorter
period of not less than 10 days. Upon failure to furnish the
security within the prescribed time, the previous award shall be
void. Deliveries, accomplishment and guarantees may be required
in all cases of expenditures including the exceptions under
subsection (g).
(g) Exceptions.--
(1) The following contracts or purchases made by the
board of commissioners shall not require advertising, bidding
or price quotations as provided in this chapter:
(i) For maintenance, repairs or replacements for
water, electricity or other public works of the township,
provided the maintenance, repairs or replacements do not
constitute new additions, extensions or enlargements of
existing facilities and equipment. Security may be
required by the board of commissioners as in other cases
of work done.
(ii) For improvements, repairs and maintenance of
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any kind made or provided by a township through the
township's own employees if the materials used for street
improvement or construction in excess of the amount
specified or adjusted under subsections (a) and (c) are
subject to the relevant price quotation or advertising
requirements under this section.
(iii) Where particular types, models or pieces of
new equipment, articles, apparatus, appliances, computer
software, vehicles or parts thereof are desired by the
board of commissioners that are patented or copyrighted
products or are needed to ensure compatibility with
existing systems, facilities or equipment.
(iv) For used personal property, such as equipment,
articles, apparatus, appliances, vehicles or parts
thereof being purchased from a public utility, municipal
corporation, county, school district, municipal
authority, council of government, volunteer fire company,
volunteer ambulance service, volunteer rescue squad or
Federal or State Government.
(v) Involving a policy of insurance or a surety
bond.
(vi) Made for public utility service and
electricity, natural gas or telecommunications services.
(vii) Made with another political subdivision or
county or council of governments, consortium, cooperative
or other similar entity created under 53 Pa.C.S. Ch. 23
Subch. A (relating to intergovernmental cooperation) or
the Federal Government, the Commonwealth, an agency of
the Federal Government or the Commonwealth or a municipal
authority, including the sale, leasing or loan of
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supplies or materials by the Federal Government or the
Commonwealth or their agencies. The price may not be in
excess of that fixed by the Federal Government or the
Commonwealth or their agencies.
(viii) Involving personal or professional services.
(ix) For materials and supplies or equipment rental
under emergency conditions under 35 Pa.C.S. Pt. V
(relating to emergency management services).
(x) Involving equipment rental with operators if
more than 50% of the total labor personnel hours required
for the completion of the contract is supplied by the
township through the township's own employees.
(xi) For the purchase of repair parts or materials
for use in existing township equipment or facilities if
the item or material to be purchased is the sole item of
its kind on the market or is manufactured as a
replacement for the original item or equipment being
repaired.
(xii) For emergency maintenance, repairs or
replacements for water, electricity or public works of
the township, if the emergency maintenance, repairs or
replacements do not constitute new additions, extensions
or enlargements of existing facilities and equipment, but
security may be required by the board of commissioners,
as in other cases of work done. The actual emergency and
the nature of the procurement shall be stated in a
resolution by the board of commissioners and adopted at
the next public meeting.
(xiii) For the mitigation of a real or potential
emergency involving a clear and present danger to the
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health, safety and welfare of the residents of the
township. For those contracts or purchases made in cases
of emergencies, the actual emergency and the nature of
the procurement shall be stated in a resolution by the
board of commissioners and adopted at the next public
meeting.
(2) Nothing in this subsection prohibits the board of
commissioners from engaging in advertising, bidding or price
quotations if the board of commissioners determines that the
advertising, bidding or price quotations are in the public
interest.
(h) Other acts.--The board of commissioners shall award
contracts subject to the requirements of and may exercise any
powers granted by the following acts to the extent applicable:
(1) The act of August 15, 1961 (P.L.987, No.442), known
as the Pennsylvania Prevailing Wage Act.
(2) The act of December 20, 1967 (P.L.869, No.385),
known as the Public Works Contractors' Bond Law of 1967.
(3) The act of January 17, 1968 (P.L.11, No.5), known as
The Minimum Wage Act of 1968.
(4) The act of January 23, 1974 (P.L.9, No.4), referred
to as the Public Contract Bid Withdrawal Law.
(5) The act of March 3, 1978 (P.L.6, No.3), known as the
Steel Products Procurement Act.
(6) The act of February 17, 1994 (P.L.73, No.7), known
as the Contractor and Subcontractor Payment Act.
(7) 62 Pa.C.S. Pt. II (relating to general procurement
provisions).
(i) Restriction on compensation and fees.--No person,
consultant, firm or corporation contracting with a township for
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purposes of rendering personal or professional services to the
township may share with any township officer or employee, and no
township officer or employee may accept, any portion of the
compensation or fees paid by the township for the contracted
services provided to the township except under the following
terms or conditions:
(1) Full disclosure of all relevant information
regarding the sharing of the compensation or fees shall be
made to the board of commissioners.
(2) The board of commissioners must approve the sharing
of a fee or compensation for personal or professional
services prior to the performance of the services.
(3) No fee or compensation for personal or professional
services may be shared except for work actually performed.
(4) No shared fee or compensation for personal or
professional services may be paid at a rate in excess of that
commensurate for similar personal or professional services.
§ 5103. Evasion of advertising requirements.
(a) General rule.--
(1) No commissioner shall evade the provisions of
section 5102 (relating to regulation of contracts) as to
advertising for bids by purchasing or contracting for
services and personal properties piecemeal for the purpose of
obtaining prices under $18,500, subject to adjustment under
section 5102(d), upon transactions, which transactions
should, in the exercise of reasonable discretion and
prudence, be conducted as one transaction amounting to more
than $18,500, subject to adjustment under section 5102(d).
(2) This subsection is intended to make unlawful the
evading of advertising requirements by making a series of
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purchases or contracts, each for less than the advertising
requirement price, or by making several simultaneous
purchases or contracts, each below the price, when in either
case, the transactions involved should have been made as one
transaction for one price.
(3) A commissioner who votes in violation of this
subsection and knows that the transaction upon which the
commissioner votes is or should be a part of a larger
transaction and is being divided in order to evade the
requirements as to advertising for bids, shall be jointly and
severally subject to a surcharge for 10% of the full amount
of the contract or purchase.
(4) If it appears that a commissioner may have voted in
violation of this section, but the purchase or contract on
which the commissioner voted was not approved by the board of
commissioners, this section shall not apply.
(b) Violation and penalty.--A commissioner who votes to
unlawfully evade the provisions of section 5102 and who knows
that the transaction upon which the commissioner votes is or
should be a part of a larger transaction and is being divided in
order to evade the requirements as to advertising for bids
commits a misdemeanor of the third degree for each contract
entered into as a direct result of that vote. The penalty under
this subsection shall be in addition to a surcharge that may be
assessed under subsection (a).
§ 5104. Bonds for protection of labor and materials.
(a) General rule.--Before a contract exceeding $10,000 is
awarded to a prime contractor or construction manager for the
construction, erection, installation, completion, alteration,
repair of or addition to a public work or improvement of any
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kind, the contractor shall furnish to the township a payment
bond for the protection of claimants supplying labor or
materials to the prime contractor to whom the contract is
awarded, at no less than 100% of the contract amount,
conditioned for the prompt payment of the materials furnished or
labor supplied or performed in the prosecution of the contract
under the act of December 20, 1967 (P.L.869, No.385), known as
the Public Works Contractors' Bond Law of 1967.
(b) Other requirements.--The bond requirement is in addition
to any other bond requirement required by law to be given in
connection with the contract.
§ 5105. Purchase contracts for petroleum products for fire
companies, rescue companies and ambulance companies.
(a) General rule.-- The board of commissioners of each
township shall have power to permit, subject to terms and
conditions as it may, and as specifically provided, shall,
prescribe a paid or volunteer fire company, paid or volunteer
rescue company and paid or volunteer ambulance company in the
township to participate in purchase contracts for petroleum
products entered into by the township.
(b) Participation.--A company desiring to participate in
purchase contracts shall file with the township secretary a
request to authorize the company to participate in contracts for
the purchase of petroleum products of the township and agreeing
that the company shall be bound by the terms and conditions as
the township may, and as specifically provided, shall, prescribe
and that the company shall be responsible for payment directly
to the vendor under each purchase contract.
(c) Terms and conditions.--Among the terms and conditions,
the township shall prescribe that all prices shall be free on
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board destination.
§ 5106. Separate specifications for branches of work.
(a) General rule.--In the preparation of specifications for
the erection or alteration of a public building, when the entire
cost of the work exceeds the base amount of $18,500, subject to
annual adjustment under section 5102(d) (relating to regulation
of contracts), the architect, engineer or person preparing the
specifications shall prepare separate specifications for the
plumbing, heating, ventilating and electrical work, and the
township shall receive separate bids upon each of the branches
of work.
(b) Lowest responsible bidder.--The township shall award the
contract for the plumbing, heating, ventilating and electrical
work to the lowest responsible bidder for each of the branches.
§ 5107. Workers' compensation insurance.
(a) General rule.--A contract executed by a township or an
officer of a township that involves the construction or doing of
work involving the employment of labor shall contain a provision
that the contractor shall accept, as far as the work covered by
the contract is concerned, the provisions of the act of June 2,
1915 (P.L.736, No.338), known as the Workers' Compensation Act,
and that the contractor shall insure the contractor's liability
under the Workers' Compensation Act and shall file with the
township with which the contract is made a certificate of
exemption from insurance from the Bureau of Workers'
Compensation of the Department of Labor and Industry. The
following shall apply:
(1) The certificate of exemption from insurance may be
issued on the basis of either individual self-insurance or
group self-insurance.
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(2) A contractor shall file with the township with which
the contract is made any applications to be excepted by the
provisions of the Workers' Compensation Act in respect to
certain employees on religious grounds if the applications
have been accepted by the Department of Labor and Industry.
(b) Violation.--A contract executed in violation of
subsection (a) is void.
§ 5108. Personal interest in contracts and purchases.
Elected and appointed township officials and township
employees are restricted from an interest in township contracts
and purchases to the extent provided under 65 Pa.C.S. Ch. 11
(relating to ethics standards and financial disclosure).
CHAPTER 53
EMINENT DOMAIN, ASSESSMENT OF
DAMAGES AND BENEFITS
Sec.
5301. Exercise of eminent domain.
5302. Restrictions relating to certain property.
5303. Declaration of intention.
5304. Value of land or property not to be assessed as benefits.
5305. Title acquired.
§ 5301. Exercise of eminent domain.
(a) General rule.--A township may acquire property by
eminent domain, including entering upon, appropriating, taking,
using and occupying private lands and property for any of the
following public purposes:
(1) The laying out, opening, widening, extending,
vacating, grading or changing the grades or lines of streets
or highways.
(2) The construction of bridges and the piers and
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abutments for bridges.
(3) The construction of slopes, embankments and storm
water sewers and storm water facilities, the changing of
watercourses, and the construction of sanitary sewer mains,
drains or treatment works.
(4) The erection and extension of water systems, wharves
and docks, public buildings, public works or land for a
public-works-related function, municipal waste processing and
disposal facilities, including municipal waste landfills,
libraries and the establishment of parks, playgrounds and
recreation places.
(5) For all other purposes authorized by this part.
(b) Proceedings.--Eminent domain proceedings shall be
subject to and conform with the provisions of 26 Pa.C.S.
(relating to eminent domain).
§ 5302. Restrictions relating to certain property.
(a) General rule.--In addition to the restrictions made by
other provisions of this part in particular cases or by any
other provision of law, no township shall exercise the right of
eminent domain against:
(1) land now occupied by a building that was used during
the Colonial or Revolutionary period as a place of Assembly
by the Council of the Colony of Pennsylvania, the Supreme
Executive Council of the Commonwealth of Pennsylvania or the
Congress of the United States;
(2) the land occupied by any fort, redoubt or blockhouse
erected during the Colonial or Revolutionary period or a
building used as headquarters by the Commander-in-Chief of
the Continental Army; or
(3) the site of a building, fort, redoubt, blockhouse or
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headquarters that is preserved for the site's historic
associations and not for private profit.
(b) Colonial and Revolutionary period.--For purposes of
subsection (a), the Colonial and Revolutionary period shall be
deemed to have ended on September 3, 1783.
§ 5303. Declaration of intention.
A township shall declare the township's intention to acquire,
enter upon, take, use and appropriate private property or land
for any of the purposes authorized by this part by ordinance or
resolution.
§ 5304. Value of land or property not to be assessed as
benefits.
In the appropriation of land or property for public use,
other than for streets, it shall be unlawful to assess any
portion of the damage done to or value of the appropriated land
or property against the other property adjoining or in the
vicinity of the appropriated land or property.
§ 5305. Title acquired.
Except as otherwise provided by law, if land or other real or
personal property is acquired by a township in eminent domain
proceedings, other than for street or highway or easement
purposes, or is acquired by gift, purchase or otherwise, the
title obtained by the township shall be in fee simple absolute
or like absolute ownership unless the parties agree otherwise in
writing and the agreement expressly appears in a recorded deed
affecting real property acquired by the township or in the
notice of condemnation.
CHAPTER 55
STREETS AND HIGHWAYS
Sec.
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5501. Definitions.
5502. Township street plan.
5503. Certain streets declared public streets.
5504. Power to lay out, open, vacate and alter streets.
5505. Prohibition.
5506. Procedures for laying out, opening, changing, improving
or vacating streets.
5507. Petition for opening.
5508. Notice of petition.
5509. Width of public streets.
5510. Opening and repairing streets.
5511. Street closings and detours.
5512. Street connecting with street of another municipal
corporation.
5513. Acceptance of land for street purposes.
5514. Powers of State and counties preserved.
5515. Exclusive nature of provisions.
5516. Failure of board of commissioners to hold hearing.
5517. Entry on land to maintain marks and monuments.
5518. Bike paths.
5519. Streets in or near public parks.
5520. Elimination of curves and acquisition of views.
5521. Improving or vacating streets by agreement.
5522. Proceedings with or without petition.
5523. Power to open drains and ditches.
5524. Trees and shrubbery within right-of-way.
5525. Protection of streets or highways from snowdrifts.
5526. Naming of streets.
5527. Street lighting, ornamental lighting and traffic control
signals and devices.
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5528. Penalty for destroying signs.
5529. Railroad crossings.
5530. Street permits.
5531. County aid in the improvement of township streets.
5532. Boundary streets.
5533. When center line of street is boundary between township
and another municipal corporation.
5534. Streets having more than half of their width within
township.
5535. Assessment for improvements on property outside limits
where street entirely within township.
§ 5501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Improving a street" or "improvement." Work on a street or
portion of a street done or proposed to be done in order to open
the street if the street has not previously been opened or, if
previously opened, to make the street more usable or more
suitable for use by the traveling public or safer for use. The
term includes, but is not limited to, grading, paving and
curbing. The term does not include maintenance or repaving.
"Laying out." The plotting of:
(1) An unopened street or portion of the street on a
township plan or official map adopted in accordance with the
act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code, on a subdivision
or land development plan or by the enactment of an ordinance
adopted in accordance with this chapter.
(2) An unopened street in a case where any of the lines
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of the street are proposed to be revised or in a case where
the street was never previously laid out although the street
may have been opened and used.
"Opened streets." The streets within the township used as
public passageways.
"Opening a street." The construction and grading of a street
or portion of a street and the act of physically taking
possession of an area or laid-out street for the purpose of
making the street usable to the traveling public.
"Portion." A portion either of the width or length of a
street. Opening a portion of a street may mean extending or
widening a street, and vacating a portion of a street may mean
closing or narrowing a street.
"Street." A street, road, lane, alley, court or public
square for or intended for public use. The term includes the
cartway, sidewalk, gutter, curb or right-of-way area, whether or
not the street, or any portion of the street, that is owned in
fee by others than the township. Streets are of two classes,
opened and unopened.
"Unopened streets." The streets within the township neither
used as a public passageway nor accepted or maintained, but
plotted in one of the following:
(1) a township plan or official map adopted in
accordance with the Pennsylvania Municipalities Planning
Code;
(2) an ordinance laying out the street in accordance
with this chapter;
(3) a subdivision or land development plan; or
(4) an individual deed.
§ 5502. Township street plan.
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(a) General rule.--A township that has not maintained an
accurate plan of township streets adopted in accordance with
this chapter prior to the effective date of this section may
only adopt a plan of streets under the act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code.
(b) Deemed amendment.--If a township maintains a plan of
streets adopted prior to the effective date of this section, or
maintains an official map containing opened and unopened
streets, a street laid out in accordance with this chapter by
ordinance or by final approval of a subdivision or land
development plan must be deemed an amendment to the plan.
Notwithstanding any other provision of law, a deemed amendment
as provided under this section and a subsequent placement of the
street on a plan may not be subject to public notice or public
hearing if the street has been laid out in accordance with the
requirements of this chapter.
(c) Plan of streets or official map not required.--The
maintenance of a plan of streets or official map shall not be
required in order for a township to lay out streets in
accordance with sections 5504 (relating to power to lay out,
open, vacate and alter streets) and 5506 (relating to procedures
for laying out, opening, changing, improving or vacating
streets).
§ 5503. Certain streets declared public streets.
(a) General rule.--Every street which has been used for
public travel, and maintained and kept in repair continuously by
the township for a period of at least 21 years under
authorization by the board of commissioners, is a public street
having a right-of-way of not less than 24 feet, even though
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there is no public record of the laying out or dedication for
public use of the street.
(b) Evidence.--In a proceeding under this section, any
relevant oral or documentary evidence of public travel or
maintenance and repairs by the township shall, if presented, be
considered, including, but not limited to:
(1) Maps or surveys which are either generated by any
governmental unit or are created under a judicial proceeding
of the courts of this Commonwealth.
(2) Evidence concerning the distribution of government
funds to the township under the act of June 1, 1956 (1955
P.L.1944, No.655), referred to as the Liquid Fuels Tax
Municipal Allocation Law.
(3) Approved subdivision plans, deeds or other documents
containing a designation of the street as either a township
street or otherwise.
(4) Evidence that the street is an extension from a
public street or public cul-de-sac or a throughway between
other municipal or State streets or provides the only access
to a municipal boundary line.
(5) Court orders, decisions, findings of fact or other
matters of judicial record relating to public or private
rights in the street.
(c) Considerations relevant in proceedings.--For purposes of
this section:
(1) The frequency of use of a street may be considered
relevant in a proceeding under this section, but, in the
absence of additional findings on the purpose of the use,
shall not alone be sufficient to establish that the street
has been used for public travel.
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(2) The condition or sufficiency of the street surface
for public travel may be considered relevant in a proceeding
under this section, but, absent additional findings of actual
public maintenance and repair, shall not alone be sufficient
to establish maintenance and repair by the township.
(d) Construction.--Nothing in this section shall be
construed as affecting the weight or persuasiveness of any
evidence presented as provided under subsection (b) or the
relevance of any evidence presented except as otherwise provided
in this section.
(e) Presentation of evidence.--In a proceeding in which this
section is relied upon to allege the existence of a public
street, the proponent of the public status of the street shall
present evidence first and the burden shall then shift to the
opponent to present evidence to refute the public status of the
street.
§ 5504. Power to lay out, open, vacate and alter streets.
With regard to a street or portion of a street within
township limits, a township may, with or without petition of
abutting property owners, do any of the following:
(1) Lay out, open, widen, straighten, alter, extend,
relocate and improve.
(2) Establish or reestablish the grades.
(3) Keep in order and repair and in safe passable
condition.
(4) Vacate and discontinue when deemed expedient for the
public good.
(5) With the approval of the Department of
Transportation, vacate highways laid out by the Commonwealth
within the township limits which have remained unopened for
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30 years.
§ 5505. Prohibition.
No street shall be laid out and opened through a burial
ground or cemetery, nor through grounds occupied by a building
used as a place for public worship or as a public or parochial
school or educational or charitable institution or seminary,
unless the consent of the owner of the premises is first
secured.
§ 5506. Procedures for laying out, opening, changing, improving
or vacating streets.
(a) General rule.--Before the enactment of an ordinance for
the laying out, opening, widening, straightening, extending,
altering, improving, relocating or vacating of a street or
highway or portion of a street or highway, the board of
commissioners shall give 10 days' written notice to the owners
of property adjacent to the street or highway or portions of the
street or highway affected of the time and place set for a
hearing on the proposed matter. Witnesses may be summoned and
examined by the board of commissioners and by the parties
interested at the hearing.
(b) Report.--After the hearing and a consideration of the
matter under subsection (a), if the board of commissioners votes
in favor of exercising the power conferred, the board of
commissioners shall make a written report, together with a draft
or survey of the street or highway, which shall include:
(1) the width of the street or highway;
(2) the improvements along the street or highway; and
(3) the names of the owners of property which the street
or highway shall pass through or abut.
(c) Filing of report.--The report and draft shall be filed
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in the recorder of deeds office of the county.
(d) Filing of exceptions.--A resident or property owner
affected by the report may, within 30 days after the filing of
the report of the board of commissioners, upon entering in the
court sufficient surety to indemnify the board of commissioners
for all costs incurred in the proceedings, file exceptions to
the report, together with a petition for a review.
(e) Process.--The following shall apply after the expiration
of the term allowed for filing exceptions or upon an order of
the court upon disposition of any exceptions:
(1) If the board of commissioners desires to lay out,
open, widen, straighten, alter, extend, improve, relocate or
vacate the street or highway or portion of the street or
highway, the board of commissioners shall enact an ordinance
for the actions.
(2) The court of common pleas, on application by
petition by the board of commissioners or any person
interested, shall appoint three viewers from the county board
of viewers to assess the damages and benefits occasioned by
the proceeding unless the damages and benefits are otherwise
agreed upon.
§ 5507. Petition for opening.
(a) General rule.--A petition may be presented to the board
of commissioners for the opening, widening, straightening,
extending, altering, improving, relocating, vacating or
establishing or reestablishing the grade of a street.
(b) Requirements.--A petition made under this section must
be:
(1) Signed by a majority, in number and interest, of the
owners of property abutting on the line of the proposed
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improvement or vacation as fixed at the time of presentation
of the petition.
(2) Verified by affidavit of one or more of the
petitioners.
(3) Accompanied by payment of reasonable and necessary
fees established by resolution in a form acceptable to the
township. Fees may include the reasonable and necessary costs
and expenses anticipated to be incurred by the township in
responding to the petition, including advertising,
engineering, hearing, legal and similar costs.
(c) Multiple owners.--The majority in interest of owners of
undivided interests in a piece of property shall be deemed as
one person for the purposes of the petition.
§ 5508. Notice of petition.
(a) General rule.--After a petition has been presented as
provided under section 5507 (relating to petition for opening)
and the board of commissioners has determined the adequacy of
the petition, but before final enactment of any ordinance
enacted as provided in the petition, notice shall be published
once in a newspaper of general circulation as provided under
section 1107 (relating to legal advertising), and handbills
shall be posted in conspicuous places along the line of the
proposed improvement.
(b) Requirements.--The notice and handbills shall include
the following:
(1) A statement that the petition for the improvement
was signed by a majority, in interest and number, of the
owners of property abutting the line of the proposed
improvement.
(2) That a person interested may provide comments at a
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public hearing to be held at a date, time and place as stated
in the published notice and handbills.
(c) Publication of notice.--If, after a hearing, the board
of commissioners determines to proceed with the consideration of
an ordinance pursuant to the petition, the board of
commissioners shall publish notice of the proposed ordinance and
incorporate reference to any maps or drawing in accordance with
Chapter 77 (relating to ordinances).
§ 5509. Width of public streets.
(a) General rule.--The width of a street in a township shall
not be less than 24 feet nor more than 120 feet. The minimum
required width shall be in addition to the width required for
necessary slopes in cuts or fills.
(b) Width of alleys.--The width of an alley shall be subject
to the discretion of the board of commissioners.
§ 5510. Opening and repairing streets.
(a) General rule.--Laid out public streets in a township
shall, as soon as practicable, be effectually opened and
constantly kept in repair. All streets shall, in all seasons, be
kept reasonably clear of all impediments to easy and convenient
traveling, at the expense of the township.
(b) Effect of proceedings.--When proceedings have been
initiated under this part for the opening and laying out of a
public street in a township, the street shall be physically
opened for use by the public within a period of five years after
the completion of the proceedings. If the street is not opened
or if no proceedings have been commenced to compel the opening
in five years, then the proceedings are void and the land
proposed to be taken shall revert to the owners of the land free
of any easement or right of the public to use the land.
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§ 5511. Street closings and detours.
(a) General rule.--The following shall apply to the closing
of a street to vehicular traffic:
(1) No street shall be closed to vehicular traffic,
except upon order of the board of commissioners or, in cases
of emergency when immediate action is necessary to protect
public safety, by order of the police, an authorized fire
official or other authorized public employee.
(2) A street may not remain closed for a longer period
than is necessary for the purpose for which the order to
close was issued.
(3) Except in cases of emergency when immediate action
is necessary to protect public safety, no street shall be
closed to vehicular traffic when the street has been
designated as a detour by the Department of Transportation,
unless the Secretary of Transportation has provided written
consent or the board of commissioners has, by resolution duly
recorded on the minutes, declared the closing necessary for
the safety of the public.
(4) When a street which forms a part or section of a
State highway or has been designated as a detour by the
Department of Transportation is closed to vehicular traffic,
the township shall at once notify the Department of
Transportation of the creation of a detour under this
section. The Department of Transportation shall be notified
immediately after the detour is removed.
(5) When a street is to be closed, it shall be the duty
of the board of commissioners or official authorizing the
closing to immediately designate or lay out a detour.
(6) While the detour is in use, legible signs shall be
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erected and maintained at reasonable intervals indicating the
proper direction and the detour shall be maintained in a safe
and passable condition, except in the case of State or county
highways.
(7) When the street that had been closed is opened for
traffic, all detour signs shall be removed.
(8) Except in the case of State or county highways, the
board of commissioners shall, as soon as possible, repair the
street designated as a detour and place the street in a
condition at least equal to the street's condition when
designated as a detour.
(b) Use of private lands.--
(1) The board of commissioners may enter into an
agreement with the owners of private lands, covering the
acquisition of right-of-way privileges for a detour over
private property for the period when the street shall be
closed to traffic.
(2) If the parties cannot reach an agreement, the
township may proceed with the construction of the detour with
the owner of the property taken for the detour entitled to
seek damages, if any, in the same manner as damages are now
ascertained for the opening of streets in the township.
(c) Payment by board of commissioners.--In the exercise of
the rights conferred by this section relating to detours, the
board of commissioners is empowered to pay for the necessary
maintenance, subsequent repair and land rental out of the money
available for the construction and maintenance of township
streets.
(d) Violation.--A person who willfully removes, defaces,
destroys or disregards a barricade, light, danger sign, detour
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sign or warning of any other type legally erected or placed or
who drives on, over or across a street which has been closed by
proper authority commits a summary offense punishable upon
conviction in accordance with section 7711 (relating to fines
and penalties).
(e) Exception.--A person who has no outlet due to the
closing of a street may drive on, over or across the street,
subject to reasonable conditions as may be prescribed by the
township, without being subject to the penalties imposed by this
section.
(f) Damages.--In addition to the penalties provided in
subsection (d), the township or the township's agents or
contractors may, in an action at law, recover damages, including
costs of labor, materials and prosecution from a person who
damages a street when the street is closed to vehicular traffic.
(g) Money collected.--All money collected under the
provisions of this section shall be paid over to the township
treasurer.
(h) Excessive or unusual conditions.--The board of
commissioners may temporarily close a street when the board of
commissioners determines that excessive or unusual conditions
have rendered the street unfit or unsafe for travel, and
immediate repair, because of the time of year or other
conditions, is impracticable. The street or portion of the
street closed shall be properly marked at the street's
extremities and a means of passage for the customary users of
the street shall, whenever possible, be provided.
§ 5512. Street connecting with street of another municipal
corporation.
(a) General rule.--All streets partly within a township of
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the first class shall be laid out, opened, widened,
straightened, altered, extended, vacated, improved, relocated or
have grades established or reestablished under this chapter to
the extent the street or portion of the street is within the
township.
(b) Streets outside township.--
(1) The procedures applicable to any portion of the
street outside the township shall be as provided by the code
applicable to the classification of the other municipal
corporation with which the street is shared.
(2) Notwithstanding paragraph (1), no action may be
taken under this chapter that would result in the change of
location or grade or the vacation of a street or portion of
the street that connects with a street of another municipal
corporation without approval of the court of common pleas of
the county in which the other municipal corporation is
located, unless the municipal corporation first files with
the township secretary the municipal corporation's approval
of the proposed action.
§ 5513. Acceptance of land for street purposes.
(a) Board acceptance of land.--The board of commissioners
may, by ordinance or resolution, accept in the name of the
township any land dedicated by deed to the township to be used
in any manner for street purposes.
(b) Certain designations prohibited.--No person shall
construct, open or dedicate any street or drainage facilities in
connection with the street for public use or travel in a
township without first submitting plans to the board of
commissioners for approval. The plans shall be prepared in
accordance with rules and regulations as may be prescribed by
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the board of commissioners and shall show the profiles of the
streets, the course, structure and capacity of any drainage
facilities, the method of drainage of the adjacent or contiguous
territory and any other details required under the rules and
regulations adopted by the board of commissioners.
(c) Application.--The act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
shall apply to the construction, security requirements and
dedication of streets and connected drainage facilities if the
streets proposed to be constructed are part of a plan required
by an ordinance adopted under the Pennsylvania Municipalities
Planning Code.
(d) Board powers.--
(1) Before acting upon plans not subject to review under
subsection (c), the board of commissioners may, in the
board's discretion, arrange for a public hearing, after
giving notice as the board of commissioners may deem
desirable in each case. The board of commissioners may alter
the plans and specify changes or modifications of any kind
and may make the approval of the plans subject to
alterations, changes or modifications. Plans, when approved,
shall be signed on behalf of the township by an officer as
the commissioners may designate, and an approved copy shall
be filed in the township engineer's office or other proper
office and be available for public inspection.
(2) No street or drainage facilities in connection with
the street shall be opened, constructed or dedicated for
public use or travel except in compliance with plans approved
by the board of commissioners and until the approved plan is
recorded as required in this chapter.
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(e) Board refusal to approve.--If the board of commissioners
refuses to approve a plan submitted to the board under this
section, a person aggrieved by the action of the board of
commissioners may, within 30 days after the action, appeal from
the action by petition to the court of common pleas, and the
court shall hear the matter de novo. The following shall apply:
(1) After a hearing, the court may enter a decree
affirming, reversing or modifying the action of the board of
commissioners as may appear just.
(2) The court shall designate the manner in which
notices of the hearing of an appeal shall be given to all
parties interested.
(3) The decision of the court shall be final.
(4) A plan approved by the action of the board of
commissioners or by the court on appeal shall be recorded by
the person applying for approval in the office of the
recorder of deeds of the county.
(f) Limitations.--If a street or drainage facilities in
connection with a street is opened, constructed or dedicated for
public use or travel, except in compliance with plans approved
and recorded, neither the board of commissioners nor a public
authority shall be required to place, construct or operate a
sewer, drain, water pipe or other facilities or do any work of
any kind in or upon the street. Neither the board of
commissioners nor any other public authority shall have any
responsibility of any kind with respect to the street or
drainage facilities, even if the street or drainage facilities
are in use by the public, unless the street or drainage
facilities are accepted by ordinance or by deed of dedication.
Nothing in this part shall prevent the laying of trunk sewers,
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drains or water or gas mains if required by engineering
necessity for the accommodation of other territory.
(g) Failure to obtain plan approval.--If a person opens a
street or drainage facility in connection with the street
without submitting and obtaining approval of plans as provided
in this section, and if the board of commissioners shall have no
information that the street or drainage facility is intended for
public use or travel, the board of commissioners may, in the
board's discretion, file with the recorder of deeds of the
county a certificate containing a description of the land served
by the street or drainage facility in connection with the
street. The board of commissioners shall include a statement
that, as the board of commissioners have not approved the plans,
neither the board of commissioners nor any other public
authority shall have any responsibility to furnish any
facilities or services with respect to the land or have any
responsibility of any kind with respect to the street or
drainage facility. The owner of the land shall be designated and
indexed as grantor in the records of the office of the recorder
of deeds, and the township shall be designated and indexed as
grantee. It shall not be necessary for the certificate to be
executed by any party other than the board of commissioners
filing the certificate.
(h) Enforcement and failure to certify.--
(1) Nothing in this section shall be deemed to prevent
the board of commissioners from enforcing the provisions of
this part in which a street or drainage facility in
connection with the street is intended for public use or
travel.
(2) If a township fails to file a certificate under
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subsection (g), nothing in this section shall be interpreted
to create a deemed approval of the plans nor create any
responsibility of the township with respect to the land,
street or drainage facility.
(i) Offense.--A person who constructs, opens or dedicates a
street or drainage facilities for public use or travel in a
township without having first complied with the provisions of
this section and of any ordinances or resolutions of the board
of commissioners commits a misdemeanor of the third degree and
is subject to suit for all costs and damages incurred by the
township or property owners in the course of correcting
substantive violations of State or municipal law or regulations
resulting from or arising out of the unlawfully constructed
street or facility. All money recovered shall be paid to the
township treasurer.
(j) No maintenance required.--No approval of plans by the
board of commissioners shall obligate or require the township to
construct, reconstruct, maintain, repair or grade the streets.
§ 5514. Powers of State and counties preserved.
Nothing contained in this chapter shall be held to restrict
or limit the Department of Transportation or any county in the
exercise of any duties, powers and functions under the
provisions of State law.
§ 5515. Exclusive nature of provisions.
No street may be dedicated, accepted, acquired, laid out,
opened or vacated by a township except under this chapter.
§ 5516. Failure of board of commissioners to hold hearing.
If, after the filing of a petition under this chapter, the
board of commissioners fails to hold a required hearing, an
aggrieved party may file a mandamus action in the court of
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common pleas requesting that a hearing be held.
§ 5517. Entry on land to maintain markers and monuments.
The board of commissioners and the board of commissioners'
agents and employees may enter upon any land or property to
maintain markers and monuments as the board of commissioners
deems necessary in carrying out the board of commissioners'
powers and duties under this chapter.
§ 5518. Bike paths.
The board of commissioners may provide for the construction
and maintenance of bike paths for the protection or convenience
of the traveling public.
§ 5519. Streets in or near public parks.
(a) Creation, relocation or alteration of parks.--The board
of commissioners may contract with the Commonwealth, a county or
a municipal corporation owning and operating parks inside the
township to establish, relocate, alter or vacate public streets
inside or contiguous to those parks. The board of commissioners
shall take no action with respect to the public streets without
the written consent and agreement of the Commonwealth, county or
municipal corporation owning and operating the parks. A street,
when altered or relocated under this section, shall be
maintained and repaired the same as other township streets.
(b) Ordinance required.--The agreement shall be adopted by
ordinance and within 30 days the street shall be a public street
of the township.
(c) Petition of injury.--The owner of any land through which
a public street may be located or relocated may apply by
petition to the court of common pleas, specifying the injury
that has been sustained by reason of the relocation of the
public street. The proceedings relative to the assessment and
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payment of damages of the landowner shall be in accordance with
26 Pa.C.S. (relating to eminent domain).
§ 5520. Elimination of curves and acquisition of views.
(a) Land acquired by township.--Any township may, singly or
jointly with another municipality, acquire, by purchase or by
the right of eminent domain, lands or easements along or
adjacent to any township street that may be necessary to
eliminate dangerous curves, widen streets or provide a free and
unobstructed view down and across lands located at or near the
intersection of any two streets or highways, or a street or
highway and a railroad or railway, or at a curve in a street or
highway, for the better protection and safety to the traveling
public.
(b) Postcondemnation abatement.--After condemnation, the
township may abate or remove, or cause to be abated or removed,
any obstruction to the view over and across the lands.
(c) Condemnation proceedings.--The proceedings for the
condemnation of lands and for the assessment of damages for
property, or portions of property, taken, injured or destroyed,
agreed to be paid by the township if the taking is jointly with
another municipality, shall be taken in the manner provided
under the law governing eminent domain.
(d) Fair use.--Upon the purchase or condemnation of lands or
easements for a free and unobstructed view, the owner of the
lands may make every use of the lands that will not interfere
with a free and unobstructed view at the dangerous crossing or
curve.
§ 5521. Improving or vacating streets by agreement.
(a) Board powers after damages.--When the board of
commissioners constructs, changes, widens, relocates, vacates or
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alters any portion of a public street under the board of
commissioners' supervision, and can agree with the property
owners affected by the change as to damages, the board of
commissioners may, upon payment of damages agreed upon,
construct, change, widen, relocate, vacate or alter the portion
of the street as contemplated in the agreement without the
formality of a view.
(b) Record of agreement.--A copy of the agreement stating
the facts regarding the construction, change, widening,
relocation, vacation or alteration, accompanied by a map or
draft of the street agreed to be constructed, changed, widened,
relocated, vacated or altered, shall be presented and recorded
in the office of the recorder of deeds or similar office in home
rule counties after which the new location is the public street
or the old location is vacated.
(c) Construction.--Nothing contained in this section shall
be construed to prohibit a township from paying for curbs,
gutters, sidewalks, retaining walls and incidental work
necessitated by such construction, change, alteration,
relocation, vacation or widening in cases where the necessary
land is dedicated to the township for public use.
§ 5522. Proceedings with or without petition.
A township may improve streets, portions of streets or a
particular width or additional widths of streets, with or
without the assistance or contribution of the Federal
Government, the Commonwealth, the county or a corporation
occupying the thoroughfare, and may assess and collect the
following from the owners of real estate abutting on the
improvement in accordance with Chapter 63 (relating to
assessments for public improvements):
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(1) The whole cost of improvement.
(2) The whole cost of improvement not aided or
contributed to by the Federal Government, the Commonwealth,
the county or a corporation.
(3) Any part of the cost .
§ 5523. Power to open drains and ditches.
(a) Maintenance.--The board of commissioners or its agents
and employees may enter any lands or enclosures and cut, open,
maintain and repair drains or ditches through the property when
necessary to carry the water from the streets.
(b) Summary offense.--A person who damages or diverts a
drain or ditch without the authority of the board of
commissioners commits a summary offense and is liable for the
cost of restoring the drain or ditch. All money recovered under
this subsection shall be paid to the township treasurer.
§ 5524. Trees and shrubbery within right-of-way.
(a) Modifications to obstacle permitted.--In order to
provide for easy and convenient traveling upon the public
streets or highways, the board of commissioners may cut, alter
or remove trees, shrubbery, underbrush, refuse or obstructions
within the legal width of a public street or highway, or any
portion of a public street or highway.
(b) Brush.--All logs, cordwood, branch wood or other forms
of wood derived from the destruction or removal of trees growing
along streets or highways shall be surrendered to and remain the
property of the abutting owners, provided that the abutting
owners shall, within 10 days after notice from the township,
remove the logs, cordwood, branch wood or other forms of wood
from the legal width of the street or highway. In the event of
the abutting owners' failure to remove the wood, the abutting
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owners shall forfeit all interest in the wood and the wood may
be disposed of as the board of commissioners deems proper.
§ 5525. Protection of streets or highways from snowdrifts.
(a) Entrance on private property for snow fence.--A township
may enter upon private property adjacent to a public street or
highway and place on the private property a snow fence to within
a limit of 100 feet from the right-of-way line of the public
street or highway in order to eliminate snow drifting on the
traveled portion of the street.
(b) Snow fence limitations.--A snow fence may not be placed
before the first day of November or remain in place after the
first day of April of the succeeding year unless the written
consent of the owner of the adjacent property is obtained
agreeing to an extension of time for the removal of the snow
fence.
(c) Compensation and appeal.--If the board of commissioners
and the owner of the property upon which a snow fence is placed
and removed under this section cannot agree to the amount of
compensation, if any, to be paid to the owner for placing the
snow fence, including the amount of damages, if any, to be paid
for injury to the property resulting from placing and removing
the fence, the owner may petition the court of common pleas of
the county for the appointment of viewers to ascertain the
amount of damage incurred in the manner provided in this part
for eminent domain proceedings. Damages, if any, when
ascertained, shall be paid by the township from the general
township fund.
§ 5526. Naming of streets.
The board of commissioners may provide for and regulate the
naming of streets and highways. When the naming of a street or
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highway will affect signage maintained by the Department of
Transportation, the board of commissioners shall notify the
department.
§ 5527. Street lighting, ornamental lighting and traffic
control signals and devices.
The board of commissioners may provide street lights and
ornamental lighting and make regulations for the protection of
lighting. The board may assess the costs of street lighting and
ornamental lighting in accordance with Chapter 63 (relating to
assessments for public improvements). The board may provide for
the erection, maintenance and operation of traffic control
signals and devices in accordance with 75 Pa.C.S. (relating to
vehicles).
§ 5528. Penalty for destroying signs.
(a) Unlawful sign modification or destruction.--It shall be
unlawful for a person to willfully destroy, remove, injure or
deface a sign legally erected upon or near a public street,
highway or bridge by the board of commissioners, or legally
erected with the consent of the board of commissioners over a
public street, highway or bridge, by a club, association or
other organized body, for the direction, guidance or safety of
travelers. It shall also be unlawful for a person to willfully
destroy, remove, injure or deface a temporary traffic-control
device legally erected to enhance traffic or worker safety in a
construction or maintenance work zone, including cones, batons,
barrels, barricades, signs, sign trucks, arrow boards or other
devices specified in a traffic safety plan approved by the
township or the Department of Transportation.
(b) Summary offense.--A person who violates this section
commits a summary offense and, upon conviction, shall be
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punished in accordance with section 7711 (relating to fines and
penalties), which may include the costs of labor, materials and
prosecution. Money collected shall be paid to the township
treasurer.
§ 5529. Railroad crossings.
(a) Rail crossings above and below.--Every township
constructing a street across a railroad shall construct the
street above or below the grade of the railroad, unless
permitted by the Pennsylvania Public Utility Commission to
construct the street at grade.
(b) New construction.--New construction of a street crossing
a railroad or the vacation of a street crossing a railroad shall
be constructed or vacated only in the manner consistent with the
rules and regulations and under the jurisdiction of the
Pennsylvania Public Utility Commission.
(c) Damages.--Compensation for damages to the owners of
adjacent property taken, injured or destroyed by the
construction of a street crossing a railroad or the vacation of
a street crossing a railroad shall be ascertained, fixed and
paid under 66 Pa.C.S. Pt. I (relating to public utility code).
§ 5530. Street permits.
No railroad or street railway shall be constructed upon a
township street, nor shall a railroad or street railway
crossings, driveway connections, gas pipes, water pipes,
electric conduits or other piping be laid upon or in, nor shall
a telephone, telegraph or electric light or power poles or coal
tipples or other obstructions or facilities of nonpublic utility
communication providers be erected upon or in any portion of a
township street, except under conditions, restrictions and
regulations, and subject to the payment of fees for permits as
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may be prescribed and required by the board of commissioners not
exceeding the reasonable cost of issuing the permit and expense
of inspecting the work authorized by the permit upon completion
of the work. All fees collected for permits shall be paid into
the township treasury.
§ 5531. County aid in the improvement of township streets.
(a) Improvement.--Whenever the owners of the majority of the
assessed valuation of real property within a township desire a
principal street within the township to be improved and
maintained at the joint expense of the county and township, the
owners may petition the board of commissioners of the township
for the improvement and require the board of commissioners to
make application to the county commissioners for the improvement
and maintenance in accordance with the provisions of existing
law.
(b) Board inaction and court order.--If the board of
commissioners refuses to act upon, or unduly delays action on, a
petition for the improvement and maintenance of a street, a
citizen taxpayer of the township or county may, by petition,
present the facts of the matter to the court of common pleas and
request the court to order an action as the case may require.
If, after due hearing had before the court, it appears that the
truth of the matters alleged in the petition are sustained, the
court shall make an order directing the board of commissioners
to act upon the application or applications, and that the
application or petition for the improvement be forwarded to the
county commissioners.
§ 5532. Boundary streets.
(a) Boundary streets.--When a street, other than a State or
county road, is created or located along, on or over boundaries
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between a township and any other municipal corporation, the
creation, location, construction, maintenance and repair of the
street shall be the joint responsibility of the township and the
municipal corporation with which the common boundary is shared.
(b) Board agreements.--The board of commissioners may make
agreements with the governing body of the municipal corporation
with which the common boundary is shared to provide for the
apportionment of the cost of construction, maintenance and
repair of boundary streets.
(c) Court determination.--If an amicable agreement on the
proportionate share of costs of construction, maintenance and
repair of boundary streets cannot be executed, the board of
commissioners or the governing body of the other municipal
corporation involved may petition the court of common pleas of
the county for a determination of the rights and
responsibilities of the respective municipal corporations
involved.
(d) Court order.--The court, after hearing of which notice
shall be given to all parties interested as the court may
direct, shall make an order directing the manner of the opening
and maintenance and the division of the costs between the
township and the other municipal corporation.
§ 5533. When center line of street is boundary between township
and another municipal corporation.
(a) Municipal corporation contracts.--A township may enter
into a contract with a municipal corporation to provide for the
grading, curbing, draining and paving of a street that
constitutes the dividing line between the township and the
municipal corporation.
(b) Alterations and improvements.--The alterations and
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improvements shall be made under the supervision of the township
or municipal corporation, or by contract let by the township or
the municipal corporation, as may be provided for in the
contract between the township and the municipal corporation.
§ 5534. Streets having more than half of their width within
township.
(a) General rule.--If a street, more than one-half the width
of which is within the limits of the township, divides the
township from any other municipal corporation, the street may be
improved by the township in the same manner as if the street
were entirely located within the limits of the township.
(b) Assessment.--The property, within or outside the
township, that abuts the street and benefits from the
improvements may, for a depth of 150 feet plus one-half the
width of the street measured from the street's center line, be
assessed for any and all municipal improvements to or on the
street in the same manner as the property would be assessed
under the provisions of this chapter if the property were
entirely located within the limits of the township.
§ 5535. Assessment for improvements on property outside limits
where street entirely within township.
If a street, entirely within the limits of a township,
divides the township from any other municipal corporation, the
property on the side of the street, within or outside the
township, that abuts the street and benefits from the
improvement may, for a depth of 150 feet from the street's
center line, be assessed for any and all municipal improvements
to or on the streets on which the property abuts in the same
manner as the property would be assessed under the provisions of
this title if the property were entirely located within the
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limits of the township.
CHAPTER 57
BRIDGES
Sec.
5701. Construction and acquisition of bridges.
5702. Maintenance.
5703. Boundary bridges.
§ 5701. Construction and acquisition of bridges.
(a) Construction generally.--A township may erect and
construct or acquire by purchase, condemnation or otherwise, a
bridge and the piers, abutments and approaches for the bridge,
to be used, improved and maintained as a street whether the
bridge is wholly or partly within the township limits.
(b) Proceedings.--The proceedings for laying out and opening
a bridge shall be the same as provided by this part for the
laying out and opening of streets, and the bridge or portion of
the bridge may be vacated under the same procedure as provided
in this part for the relocation or vacation of streets or
portions of streets.
(c) Pennsylvania Public Utility Commission powers and
duties.--Nothing in this chapter shall affect the powers or
duties of the Pennsylvania Public Utility Commission to the
extent otherwise provided by law.
(d) Obstructions prohibited.--Bridges over railroads shall
not obstruct the railroad over which the bridge is built.
Nothing in this section shall release the railroad or other
companies or the Commonwealth from the requirements of existing
laws.
(e) Definition.--As used in this chapter, the term "bridge"
shall mean a structure built to span and provide passage over a
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valley, street, railroad track, private property, gully, river,
creek, stream or any other body of water or physical obstacle
and shall include viaducts constructed from a series of spans or
arches.
§ 5702. Maintenance.
(a) Maintained as township structure.--A bridge shall be
maintained as a township structure, and the township may
contract with any party interested, except the county, for the
maintenance of the bridge.
(b) Unrecorded county bridge.--If a bridge, or part of a
bridge, has been built by the county, or the whole or part of
the money necessary to build the bridge has been furnished by
the county, and the bridge has not been entered on record as a
county bridge, the bridge shall be maintained, kept in repair
and rebuilt, when necessary, by the township or municipal
corporation in which, or on the boundary line of which the
bridge is located, without rendering the county liable for the
maintenance and repair of the bridge.
§ 5703. Boundary bridges.
(a) Intergovernmental cooperation permitted.--If a bridge
crosses the boundary line of a township and another municipal
corporation, the township may enter into an intergovernmental
cooperation agreement in accordance with 53 Pa.C.S. Ch. 23
Subch. A (relating to intergovernmental cooperation) with the
municipal corporation for the construction and maintenance of
the bridge and for apportionment of the costs.
(b) Court petition.--If an amicable agreement on the
proportionate share of costs of construction, maintenance and
repair of boundary bridges cannot be executed, the board of
commissioners or the governing body of the other municipal
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corporation involved may petition the court of common pleas of
the county or counties for a determination of the rights and
responsibilities of the respective municipal corporations
involved.
CHAPTER 59
SIDEWALKS
Sec.
5901. Power to lay out and establish grades.
5902. Width.
5903. Paving and curbing sidewalks.
5904. Repair of sidewalks.
5905. Emergency repairs.
§ 5901. Power to lay out and establish grades.
Townships may, by ordinance, lay out and establish sidewalks,
curbs, gutters and surface water drains along any street and,
with the consent of the Secretary of Transportation, along any
State highway, and, with the consent of the county
commissioners, along any county road. Townships may establish
grades for the sidewalks, which may be separate and apart from
the grade established for the street or highway. For the
purposes of this section, a township may acquire land by
purchase, gift or the right of eminent domain.
§ 5902. Width.
The width of a sidewalk shall be fixed by the board of
commissioners either by ordinance or resolution.
§ 5903. Paving and curbing sidewalks.
(a) General rule.--Townships may, upon notice as provided by
ordinance, require owners of property abutting on a street,
including State highways and county roads, to construct, grade,
pave, curb, repave and recurb the sidewalks along the property
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under regulations and specifications prescribed by ordinance.
All reconstruction, repaving and recurbing may be provided for
in the ordinance providing for the original construction, paving
and curbing, without the necessity for adopting a new ordinance
providing for the reconstruction, repaving and recurbing.
(b) Failure to comply.--Upon the failure of a property owner
to comply with the notice under subsection (a), a township may
cause the construction, grading, paving, curbing, repaving and
recurbing to be done by the township itself or by contract, and
to levy and collect the cost of the work from the property owner
abutting the sidewalk.
(c) Cost.--The cost of any work incurred by the township
under subsection (b) may be levied against and collected from
the owner who failed to complete the work after notice to do so,
together with a penalty of 10% of the costs and all charges and
expenses. The costs, penalties, charges and expenses provided
for shall be a lien upon the property for which the notice to do
the work was given. The lien shall exist from the time of the
commencement of the work, which date shall be fixed by the
township engineer and certified to the township secretary in
accordance with section 3504 (relating to certificate of
commencement and of completion of municipal improvements). A
lien may be collected by action in assumpsit or by lien filed in
the manner provided by law for the filing and collection of
municipal claims, or the cost of any construction, grading,
paving, curbing, repaving and recurbing may be borne in whole or
in part by the township. If the township pays in part, the
remaining cost shall be collected as provided by this section.
(d) Notice.--
(1) Each notice shall be served upon the owner of the
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premises to which the notice refers, if the owner is a
resident of the township. If the owner is not a resident, the
notice may be served upon the agent or tenant of the owner or
upon the occupant of the premises. If the owner has no agent
or tenant or there is no occupier of the premises, service
shall be by notice posted upon the premises.
(2) The notice required by this section shall specify a
period of time of not less than 60 days for the owner to
complete the specified work. If the work has not been
completed after the specified time has elapsed, the owner
shall be deemed to have failed to comply.
§ 5904. Repair of sidewalks.
(a) General rule.--The owners of property abutting any
street, including State highways and county roads, shall keep
the sidewalk, together with any portion of the property paved
along such a street and used as a sidewalk or public walk, in
good order and repair, and, at all times, free and clear of all
obstruction to safe and convenient passage.
(b) Failure to comply.--If the property owner neglects to
perform the duty imposed in subsection (a), the board of
commissioners may serve written notice upon the property owner
under section 5903(d)(1) (relating to paving and curbing
sidewalks) to do what is necessary. If the property owner fails
to comply with the requirements of the notice within 30 days
from the date of service, the township may make the necessary
repairs or remove any obstruction. The cost of the work,
together with a penalty of 10%, shall be paid by the delinquent
property owner and may be collected by action of assumpsit, or
the township may file a municipal lien against the property.
§ 5905. Emergency repairs.
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(a) General rule.--A township may make emergency repairs to
sidewalks within the township's corporate limits if an officer
or designated individual representing the department or
committee in charge of repairs to sidewalks upon inspection
determines that a substantial and immediate danger exists to
public health, safety and welfare.
(b) Report.--The officer or individual shall prepare a
written report of the conditions which shall be conclusive
evidence of the existence of the emergency justifying the
repair.
(c) Intent.--This section is intended to provide an
additional remedy for townships in connection with emergency
repairs of sidewalks.
(d) Service.--
(1) A copy of the written report shall be served upon
the abutting property owner, along with a notice to make
emergency repairs to the sidewalk within 48 hours of service
of the notice and report.
(2) The notice and copy of the report shall be served
under section 5903(d)(1) (relating to paving and curbing
sidewalks).
(3) The report shall expressly state that emergency
repairs are required.
(4) If the owner fails to make the emergency repairs
within the prescribed time, the township may make the
emergency repairs to the sidewalk.
(e) Cost.--Upon the completion of emergency repairs, the
cost of the repairs shall be a charge against the owner of the
abutting property and shall be a lien, until paid, upon the
abutting property, provided that a claim is filed for the lien
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in accordance with the law providing for the filing and
collection of municipal claims.
(f) Collection.--The amount of the claim against the owner
of the abutting property may also be collected from the owner by
an action in assumpsit.
CHAPTER 61
SANITARY SEWERS AND DRAINS
Subchapter
A. Establishing and Constructing Sewer And Drainage Systems,
Sewer Connections and Rates, Disposal of Sewage and
Assessment of Cost of Construction
B. Acquisition of Sewer System from Private Interests and
Distribution of Costs
C. Contracts with Individuals or Corporations for
Construction and Maintenance of Sewer and Drainage
Systems
D. Sewers and Drains in Streets or Highways or Over Private
Property and Assessment of Cost of Construction According
to Benefits
E. Sewers under State and County Highways
F. Connecting with Adjoining Sewer
G. Joint Sanitary Sewers and Drains
SUBCHAPTER A
ESTABLISHING AND CONSTRUCTING SEWER AND
DRAINAGE SYSTEMS, SEWER CONNECTIONS AND RATES,
DISPOSAL OF SEWAGE AND ASSESSMENT OF COST OF
CONSTRUCTION
Sec.
6101. Power to establish and construct sewers and drains and
require connections and sewer rentals.
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6102. Required connection and fees.
6103. Notice of contemplated construction.
6104. Location of sanitary sewers on private property.
6105. Treatment works and facilities.
6106. Cost of construction and payment.
6107. Sewer districts.
6108. Assessments.
§ 6101. Power to establish and construct sewers and drains and
require connections and sewer rentals.
(a) Establishment and construction.--Townships may establish
and construct a system of sanitary sewers and drainage, locating
the system, as far as practicable, in the right-of-way of the
street in a street. The system may be for the service and use of
properties on both sides of the street or on only one side of
the street in which the system is laid, as seems advisable to
the township commissioners.
(b) Connections.--The board of commissioners may, in
accordance with section 6102(a) (relating to required connection
and fees), permit, and, if necessary for the public health by
ordinance, require an owner of property benefited, improved or
accommodated by sanitary sewers, to make connections with the
sanitary sewer system in the manner specified by the board of
commissioners. All connections required shall be uniform.
(c) Regulations.--The board of commissioners may, by
ordinance, make regulations relating to the use and maintenance
of the sanitary sewer system and treatment works. Violations of
the ordinance may be enforced by penalties. The regulations may
do all of the following:
(1) Specify materials and substances which may or may
not enter the public sewer or sewer system.
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(2) Require that certain types or classes of waste be
subjected to treatment or to grinding or other reduction in
size before entering into the sewer.
(3) Restrict the quantity of waste material that may
enter a sanitary sewer from a premises within any time
interval.
(d) Rate.--
(1) Each person whose property is connected to a
sanitary sewer system shall pay a monthly, quarterly,
semiannual or annual rate to the township, in addition to the
cost of making connections to the sanitary sewer system.
(2) The initial imposition of the rate under paragraph
(1) shall be established by ordinance. Any subsequent rate
adjustments may be by resolution, provided that the ordinance
establishing the rate allows for future rate adjustments by
resolution adopted at a public meeting. This paragraph shall
not be construed to invalidate or void any rate imposed or
adjusted prior to the effective date of this section.
(3) The rate under this subsection shall constitute a
lien, until paid, against the property connected to the
sanitary sewer system, and the amount may be recovered by due
process of law through an action in assumpsit in the name of
the township against the owner of the property charged or by
a lien filed in the nature of a municipal lien.
(e) Data.--All water utilities supplying water to users
within the boundaries of a township shall, at the request of the
board of commissioners, furnish to the township, on or before
the 15th day of the month following the month during which bills
are issued, a list of all water meter readings and flat-rate
water bills and the basis for each flat-rate water charge, so
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that the data may be used in calculating sewer rates. The
township may reimburse utilities reasonable amounts for
necessary clerical and other expenses incurred in the
preparation of the lists.
(f) Construction.--Nothing in this section shall be
construed to repeal or modify any of the provisions of 66
Pa.C.S. (relating to public utilities).
(g) Approval.--If required by other law, a township shall
obtain the consent and permit of the Department of Environmental
Protection or other Federal, State or county entity, including
the Pennsylvania Turnpike Commission, for the laying out and
construction of a sanitary sewer and treatment works.
(h) Definition.--As used in this chapter, the term "sanitary
sewer" means a sewer used for receiving and collecting sewage
matter and liquid waste from the inside of buildings and
structures. In those townships where there are what is known as
"combined sewers," the term means a sewer used for receiving, in
addition to such sewage and liquid waste from the inside of
buildings and structures, storm, roof or surface drainage. The
term includes a combined sewer.
§ 6102. Required connection and fees.
(a) General rule.--A township may, by ordinance, require a
property owner to connect with and use a sanitary sewer system
established or constructed by the township, joint sanitary sewer
board or a municipal authority serving the township if the
property abuts on or adjoins any street or highway along which
the sewer system is located or whose principal building is
within 150 feet from the sanitary sewer.
(b) Failure to connect.--
(1) If an owner of property abutting on or adjoining or
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whose principal building is within 150 feet from the sanitary
sewer fails to connect with and use the sanitary sewer under
subsection (a) for a period of 60 days after notice to do so
has been served by the board of commissioners, either by
personal service or by registered mail, the board of
commissioners or their agents may enter the property and
construct the connection.
(2) The board of commissioners shall send an itemized
bill of the cost of construction under paragraph (1) to the
owner of the property to which connection has been made,
which shall be payable immediately.
(3) If the owner fails to pay the bill under paragraph
(2), the board of commissioners shall file a municipal lien
for the cost of the construction. The township may also by
ordinance impose penalties to enforce regulations or orders
in regards to sewer connections.
(c) Fees.--As a condition of connection to a sanitary sewer
collection, treatment or disposal facility, owned or operated by
a township, a township may impose and charge the following to
property owners who desire or are required to connect to the
sanitary sewer system or who desire to increase their usages of
the system:
(1) A connection fee.
(2) A customer facilities fee.
(3) A tapping fee.
(4) Similar fees, as enumerated and defined by 53
Pa.C.S. § 5607(d)(24) (relating to purposes and powers).
§ 6103. Notice of contemplated construction.
No sanitary sewer system shall be constructed under this
chapter unless an ordinance of the board of commissioners
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authorizing the construction is published once in a newspaper of
general circulation under section 1107 (relating to legal
advertising).
§ 6104. Location of sanitary sewers on private property.
Where it is reasonably impracticable, in the judgment of the
board of commissioners, in any part of the sanitary sewer system
to carry sanitary sewers along the lines of public streets or
highways, the board of commissioners may locate and construct as
much of the sanitary sewers as is necessary through private
lands and may acquire the necessary land or right of way for
this purpose by gift, purchase or the exercise of the right of
eminent domain.
§ 6105. Treatment works and facilities.
The board of commissioners may acquire by eminent domain or
enter into contracts with other municipal corporations,
corporations or persons for the acquisition of lands or
facilities for the location, construction, maintenance, use and
operation of sanitary sewer systems and treatment facilities.
Acquisitions may be made for the purpose of future additions to
and enlargements of existing systems. The acquired land may be
located either inside or outside the boundaries of the township.
Any extension shall be in conformity with 26 Pa.C.S. § 206
(relating to extraterritorial takings) and any other applicable
requirement of 26 Pa.C.S. (relating to eminent domain).
§ 6106. Cost of construction and payment.
The cost of construction of a system of sanitary sewers or
drains, constructed by the authority of this subchapter, may be
charged upon the properties benefited, improved or accommodated
to the extent of the benefits, or may be paid for wholly or
partially by general taxation. Any amount not legally chargeable
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upon properties benefited, improved or accommodated shall be
paid out of the general township fund.
§ 6107. Sewer districts.
(a) General rule.--When a sanitary sewer system is
constructed by a township for the accommodation of a certain
portion of the township, the board of commissioners may
designate the territory accommodated into a sewer district or
divide the portion into several sewer districts.
(b) Apportionment.--The board of commissioners shall
estimate the proportion of the cost of the sanitary sewer system
to be charged on each of the districts and declare and establish
the apportionment by resolution and the following shall apply:
(1) No district shall be charged more than the
district's due proportion of the cost of a sanitary sewer
system, or any part of the system, used jointly by more than
one district.
(2) The aggregate amount charged on a property in any
district shall not exceed the amount of the estimate.
(3) Where the whole of the township is accommodated by
the sanitary sewer system, the township may be treated as a
single district or divided into districts, and be subject to
the provisions of this section.
§ 6108. Assessments.
Assessments, whether based according to benefits conferred or
by the front foot basis, and assessment awards, if any, shall be
calculated under Chapter 63 (relating to assessments for public
improvements).
SUBCHAPTER B
ACQUISITION OF SEWER SYSTEM FROM PRIVATE
INTERESTS AND DISTRIBUTION OF COSTS
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Sec.
6111. Power to acquire community sewage collection or disposal
systems.
§ 6111. Power to acquire community sewage collection or
disposal systems.
(a) General rule.--A township may, by ordinance, acquire
ownership of a community sewage collection or disposal system by
purchase, the exercise of eminent domain under 26 Pa.C.S.
(relating to eminent domain) or by gift from the owner or
owners.
(b) Eminent domain.--In eminent domain proceedings, the
viewers shall assess the costs and expenses of the community
sewage collection or disposal system acquired by the township
upon the property or properties benefited according to benefits.
A deficiency that is not assessed upon the benefited property or
properties shall be paid by the township.
(c) Enlargement.--After a community sewage collection or
disposal system has been acquired under this section by the
township, the board of commissioners shall have the power to
enlarge the system if the board deems the enlargement advisable.
The cost and expenses of the enlargement may be distributed or
assessed in the same manner as if the enlargement was a regular
sewer constructed by the township under other provisions of this
chapter.
(d) Special provisions.--If a community sewage collection or
disposal system is established or constructed within a township
by a private owner or owners and the board of commissioners is
empowered by ordinance to acquire the ownership of the sewage
disposal system, or when the system has been enlarged by the
township, the acquisition and ownership shall be subject to the
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following provisions:
(1) An agreement shall be considered a valid agreement
by the owners of the sewage collection or disposal system and
shall be a transfer of ownership to the township when any of
the following enter into an agreement with the township for
the acquisition of the system by the township:
(i) The person or persons having established or
constructed a community sewage collection or disposal
system.
(ii) More than one-half of the number of owners of
properties which are connected with, have a right to use
and are using a community sewage collection or disposal
system.
(2) The township shall operate and maintain any
community sewage collection or disposal system acquired any
or enlargement or any addition to a system for the use of the
following:
(i) Persons having acquired from the township or
from the former owner or owners the right to use the
system.
(ii) Other owners of property accessible to the
system up to the capacity of the community sewage
collection or disposal system.
(3) All persons whose property connects with the
community sewage collection or disposal system acquired or
constructed by the township shall pay to the township
treasurer, a monthly, quarterly, semiannual or annual charge
prescribed by a resolution of the board of commissioners. The
amount of the charges shall not be in excess of the estimated
amount necessary to maintain and operate the system and to
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establish a reserve fund sufficient for the system's future
replacement.
(4) All sewer rentals or charges imposed by the board of
commissioners against properties connected with a community
sewage collection or disposal system under this section shall
constitute liens against the properties and may be collected
in the same manner as other sewer charges.
(5) All money received from the sewer charges shall be
deposited as a special reserve fund and shall be used only
for the payment of the cost of operating and maintaining the
community sewage collection or disposal system and the
replacement, if necessary and economically desirable. If, at
any time after the acquisition or enlargement of the
community sewage system, a regular sewer system is made
available by the township for connection with the properties
using the community sewage collection or disposal system, the
owners of the properties shall be subject to the other
provisions of this chapter relating to sewers, and all money
at that time in the reserve fund which was received from
charges for the use of that particular community sewage
collection or disposal system and which is over and above the
amount expended for the operation and maintenance of that
particular sewage collection or disposal system shall be used
towards the payment of any sewer assessments charged against
the properties under other sections of this part.
(e) Construction.--Nothing in this section may be construed
to supersede the requirements of the act of January 24, 1966
(1965 P.L.1535, No.537), known as the Pennsylvania Sewage
Facilities Act.
(f) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Community sewage collection or disposal system." All or
part of a device or devices installed on any privately or
publicly owned parcel of land intended to treat or dispose of
the sewage or equivalent volume of domestic sewage from two or
more residences, buildings or occupied parcels of land, or any
system of piping used in collection and conveyance of sewage on
private or public property.
SUBCHAPTER C
CONTRACTS WITH INDIVIDUALS OR CORPORATIONS
FOR CONSTRUCTION AND MAINTENANCE OF SEWER AND
DRAINAGE SYSTEMS
Sec.
6121. Contracts for sewer and drainage systems.
§ 6121. Contracts for sewer and drainage systems.
(a) General rule.--In a case where, under the authority of
section 6101 (relating to power to establish and construct
sewers and drains and require connections and sewer rentals), a
system of sewage and drainage covering a township in whole or in
part shall be approved and authorized by ordinance, the board of
commissioners may enter into a contract with any responsible
individual or corporation for the construction of a system of
sewage or drainage at the expense of the individual or
corporation and the following shall apply:
(1) The individual or corporation shall be entitled
under the contract to exercise all the powers of the township
in the construction, maintenance and operation of the system
of sewage or drainage, with the right to collect fees
connected to the construction, maintenance and operation as
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the board of commissioners prescribes, in as full a manner as
the fees might have been collected by the township or the
commissioners.
(2) In the contract, the board of commissioners shall
reserve to the township the right at any time, after a
prescribed time, to take possession of the system of sewage
and drainage and the system's appurtenances, at a price and
upon terms to be fixed in the contract.
(b) Construction.--Nothing in this section shall be
construed to repeal or modify any of 66 Pa.C.S. (relating to
public utilities).
SUBCHAPTER D
SEWERS AND DRAINS IN STREETS OR HIGHWAYS
OR OVER PRIVATE PROPERTY AND ASSESSMENT OF COST
OF CONSTRUCTION ACCORDING TO BENEFITS
Sec.
6131. Cost of construction.
§ 6131. Cost of construction.
Townships may construct sanitary sewers and drains in any
street or highway, or through or on or over private property.
The costs, damages and expenses of the construction of sanitary
sewers or drains may be paid for wholly or partially by general
taxation, or may be assessed upon the properties accommodated or
benefited under Chapter 63 (relating to assessments for public
improvements).
SUBCHAPTER E
SEWERS UNDER STATE AND COUNTY HIGHWAYS
Sec.
6141. State and county highways and consent required.
§ 6141. State and county highways and consent required.
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(a) General rule.--A township may construct a sanitary sewer
and drain in or under any State or county highway within the
township boundaries.
(b) Consent.--
(1) For the construction of a sanitary sewer in or under
a county highway, the consent of the county commissioners of
the county shall be obtained.
(2) For the construction of a sanitary sewer in or under
a State highway, the consent of the Department of
Transportation shall be obtained.
SUBCHAPTER F
CONNECTING WITH ADJOINING SEWER
Sec.
6151. Connection by agreement or petition and appointment of
viewers.
§ 6151. Connection by agreement or petition and appointment of
viewers.
(a) General rule.--If a township desires to connect with the
existing sanitary sewer of an adjacent municipal corporation or
municipal authority for either sewage collection or treatment
purposes, the entities may enter into an agreement for this
purpose. If no agreement has been reached between the township
and the adjacent municipal corporation or municipal authority,
the township shall proceed as provided under subsection (b).
(b) Application.--An application shall be made by the board
of commissioners to the court of common pleas of the county
where the proposed connection is to be located, stating the
desire of the township to connect with the existing sanitary
sewer of the municipal corporation or municipal authority. If
the court determines that the connection can be made without
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impairing the usefulness of the existing sanitary sewer, the
court shall appoint three viewers who shall:
(1) View the premises and investigate the facts of the
case.
(2) Assess the proportionate part of the expense of
building the original sanitary sewer upon the petitioning
township.
(3) Fix the proportion of the expense for repairs which
the municipal corporation or municipal authority and the
township shall bear.
(4) Determine all other questions which are likely to
arise in connection with the sanitary sewer.
(c) Report.--The viewers shall report the results of their
investigation under subsection (b) to the court, and the court
shall confirm the report within 30 days of the report's
submission unless exceptions are filed. Any interested party may
appeal the disposition of filed exceptions.
SUBCHAPTER G
JOINT SANITARY SEWERS AND DRAINS
Sec.
6161. Building joint sewers.
§ 6161. Building joint sewers.
(a) General rule.--Under 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation), a township may
contract with another municipal corporation providing for the
joint construction or maintenance of sanitary sewer systems and
for joint construction onto existing sanitary sewer systems, and
the following shall apply:
(1) The agreement shall provide for the apportionment of
costs among the municipal corporations.
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(2) The board of commissioners may assess the township's
respective portion of the costs, as may be legally
assessable, upon property benefited by the facilities under
Chapter 63 (relating to assessments for public improvements).
(3) Any portion of the cost not assessed or assessable
shall be paid by the respective municipal corporations under
the agreement.
(4) In addition to or in lieu of contracting with other
municipal corporations, townships may contract with municipal
authorities for the purposes of this section.
(b) Board.--
(1) The municipal corporations joining or contemplating
joining in any improvement, in order to facilitate the
building of the sanitary sewer system and in securing
preliminary surveys and estimates, may by ordinance provide
for the appointment of a joint sanitary sewer board composed
of one representative from each of the municipal corporations
joining. The board shall act as the advisory and
administrative agency in the construction of the improvement
and its subsequent operation and maintenance.
(2) Members of the joint sanitary sewer board
established under paragraph (1) shall serve for terms of six
years each, from the date of the member's appointment until
the member's successor is appointed. The joint sanitary sewer
board shall organize by the election of a chairperson,
secretary and treasurer.
(3) The municipal corporations may, in the ordinances
creating the joint sanitary sewer board, authorize the board
to appoint an engineer, a solicitor and other assistants as
deemed necessary and agree to the share of the compensation
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of those persons each municipal corporation shall pay.
(4) The members of the joint sanitary sewer board shall
receive compensation for attending board meetings as
established in the budget that is prepared by the joint
sanitary sewer board and submitted to and adopted by the
municipal corporations. The members shall be entitled to
actual expenses to be paid by the respective municipal
corporations the members represent.
(c) Powers and duties.--
(1) A joint sanitary sewer board may adopt rules and
regulations consistent with the requirements of this chapter
to govern the board's proceedings and shall prepare and
suggest any practical measures and plans by means of which
the joint improvement may be carried to successful completion
and plan the future development of the system, so as to
conform to a general plan.
(2) The joint sanitary sewer board may prepare a joint
agreement or agreements for submission to and adoption by the
municipal corporations defining the advisory and
administrative powers of the joint sanitary sewer board and
specifying the following:
(i) consent of the municipal corporations to the
proposed improvement;
(ii) the manner in which preliminary and final
plans, specifications and estimates for the proposed
improvement shall be prepared and adopted;
(iii) how proposals for bids shall be advertised and
contracts awarded;
(iv) the manner in which the costs of the
improvement and other incidental and preliminary expenses
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in connection with the improvement and the future cost of
operation and maintenance shall be equitably shared,
apportioned and paid; and
(v) all other matters, including the preparation and
submission of annual and other budgets, as may be deemed
necessary or required by law to complete the proposed
improvement and to assure future maintenance and
operation of the proposed improvement.
(3) The joint sanitary sewer board may not make an
improvement or expend any public money which has not first
been authorized by all of the municipal corporations
proceeding with the improvement.
(d) Eminent domain.--
(1) When it is necessary to acquire, appropriate, injure
or destroy private property to build a joint sanitary sewer
system or improvement and the property cannot be acquired by
purchase or gift, the right of eminent domain shall vest in
the municipal corporation where the property is located.
(2) When it is necessary to acquire, injure or destroy
property in any territory not within the limits of any of the
municipal corporations joining in the improvement, the right
of eminent domain shall be vested in a municipal corporation
adjacent to the territory where the property is located
subject to 26 Pa.C.S. § 206 (relating to extraterritorial
takings).
(3) Damages for any property taken, injured or destroyed
shall be assessed as provided by the laws relating to the
municipal corporation exercising the right of eminent domain
and shall be paid by the municipal corporations joining in
the same proportion as other costs of the improvement.
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(e) Indebtedness.--Each township joining in an improvement
shall have power to incur or increase the township's
indebtedness, not exceeding constitutional limits, for the
purpose of paying the township's share or portion of the cost of
the improvement in the manner now provided by law for the
incurring of indebtedness.
CHAPTER 63
ASSESSMENTS FOR PUBLIC IMPROVEMENTS
Sec.
6301. Definitions.
6302. Authority to assess.
6303. Method of assessment.
6304. Petition for viewers by board of commissioners.
6305. Petition for viewers by taxpayers.
6306. Notice of assessment.
6307. Benefits and damages.
6308. Payment of assessments in installments.
6309. Collection of assessments.
§ 6301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Front foot." The term includes, but is not limited to,
front linear foot, lot, parcel, dwelling unit or square foot.
"Public improvement." The term includes, but is not limited
to, the following:
(1) The building, paving, grading, rebuilding, repaving
and regrading of streets, sidewalks, curbs and gutters.
(2) The creation, extension and renovation of water
treatment, transmission, distribution and disposal systems.
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(3) The creation, extension and renovation of sewage
collection, transmission, distribution, treatment and
disposal systems.
(4) The creation, extension and renovation of storm,
surface and subsurface drainage systems.
(5) The construction, reconstruction and repair of
wharves and docks.
(6) The installation, maintenance or operation of
lighting that services the streets, sidewalks and other
public places within the township.
(7) The planting, transplanting, removal and protection
of shade trees.
§ 6302. Authority to assess.
(a) Authority.--Unless otherwise provided for in this
chapter, a township is authorized to assess all or any portion
of the costs of a public improvement against any properties that
are benefited by the public improvement.
(b) Payment of costs.--Unless otherwise provided in this
chapter, in addition to the authority to assess the cost of
public improvements against properties benefited either on the
front foot method or benefit conferred method of assessment, a
township may pay for the cost of public improvements, in whole
or in part, from the township general fund or from a special
township fund dedicated to that purpose.
(c) Indebtedness.--If a township incurs indebtedness under
53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing) for the purposes of funding the cost and expense of
making public improvements for which assessments are made in
accordance with this chapter, payments made on the assessments
must be applied to pay the debt service for the indebtedness
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incurred for funding the cost and expense of making the public
improvements.
(d) Assessment outside of township.--Property benefited,
improved or accommodated that is located outside the limits of
the township that constructed the public improvement may, if
located no more than 150 feet from the public improvement, be
assessed for the cost of the public improvement in the same
manner as the property would be assessed under the laws of this
Commonwealth if the property were entirely located within the
limits of the township.
§ 6303. Method of assessment.
(a) Ordinance.--If the board of commissioners elects to
exercise the power to make assessments for a given public
improvement as authorized in section 6302 (relating to authority
to assess), the board of commissioners shall, by ordinance and
in conformity with this chapter, establish the method and
procedure by which assessments shall be made.
(b) Allocation of costs and expenses.--
(1) The board of commissioners may, by ordinance, make
the assessment by any means that results in fairly allocating
all or a portion of the costs and expenses of the public
improvement among all properties benefited by the improvement
in reasonable proportion to the benefits conferred upon each
property. The methods that may be used to make assessments in
accordance with this subsection may include, but are not
limited to:
(i) An equal assessment per front foot.
(ii) An assessment made by benefits conferred.
(2) Only one assessment method may be used in allocating
the costs for a particular public improvement unless a
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township is divided into districts for sanitary sewer or
water, in which case the assessment in each district may be
by different methods if the same assessment method is used
within a particular district.
(c) Front foot method.--If the front foot method is used:
(1) The cost to be collected shall be divided by the
total number of linear feet of street frontage of all
properties benefited.
(2) The assessment against each property shall be that
portion of the cost which is determined by multiplying the
dividend under paragraph (1) by the number of linear feet for
street frontage of that property.
(3) For corner or irregularly shaped lots or if special
conditions exist, the board of commissioners shall have the
power and its duty shall be to provide for an equitable
adjustment, as necessary, to prevent an unjust or excessive
assessment.
(4) If the front foot method is used but is comprised of
other than linear feet, such as lots, parcels, dwelling units
or square feet, the formula under paragraphs (1) and (2)
shall be adapted to comport with the unit of lots, parcels,
dwelling units or square feet as applicable.
(d) Assessment of benefits conferred method.--In lieu of the
front foot method, the board of commissioners may elect to have
the benefits of public improvements assessed, in whole or in
part, upon property benefited, improved or accommodated by
assessing an equal assessment on the properties benefited,
improved or accommodated in proportion to the total cost of
construction of the improvement. The amount of the charge on
each property shall be determined by the board of commissioners.
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(e) Certificate of assessment.--The board of commissioners
shall issue a certificate of assessment when either assessing on
the front foot method or on the basis of benefits conferred upon
property benefited, improved or accommodated, duly certified
under the seal of the township and attested by the president of
the board of commissioners and secretary. The certificate of
assessment shall state the method of assessment used. The
certificate of assessment shall be prima facie evidence in any
suit for recovery of the same of the correctness and validity of
the assessment.
§ 6304. Petition for viewers by board of commissioners.
The board of commissioners may petition the court of common
pleas for the appointment of viewers to assess the total cost of
an improvement in accordance with this chapter. The viewers
shall assess the total cost of the improvement, or as much of
the cost as is reasonable, upon the lands or properties
peculiarly benefited.
§ 6305. Petition for viewers by taxpayers.
(a) Petition.--Taxpayers of the township whose property is
being assessed for benefits for a public improvement may present
a petition to the court of common pleas stating that the
assessment insufficiently represents the benefits accruing to
abutting, benefited or accommodated properties. The petition may
include a request for the appointment of viewers to assess
benefits if at least 50% of the taxpayers whose parcels are
abutting, benefited or accommodated by the public improvement in
question join the petition or if taxpayers whose property
valuation as assessed for taxable purposes within the township
amounts to at least 50% of the total property valuation of the
properties being assessed for the public improvement join the
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petition. The petition must be presented within 90 days of the
issuance of the certificate of assessment.
(b) Viewers.--The court shall appoint three disinterested
viewers, none of whom shall be a resident of that portion of the
township that is benefited or accommodated by the public
improvement in question. The viewers shall proceed under this
chapter and 26 Pa.C.S. (relating to eminent domain) for the
assessment of damages and benefits by viewers. Upon the filing
of the petition by taxpayers for the appointment of viewers, any
assessment made by the board of commissioners and any
proceedings shall be stayed pending the disposition of the
petition by the court.
§ 6306. Notice of assessment.
(a) Personal notice.--After the amounts to be assessed
against the properties to be benefited by the public improvement
have been calculated in accordance with the method and
procedures as prescribed by ordinance, the township shall give
personal notice of the assessment to the owner of each property
that is being assessed. The notice shall also state that the
owner has 30 days from receipt of the notice to appeal the
assessment. If a certificate is required to be filed with the
board of commissioners relating to the public improvement as
otherwise provided in this part, a copy of the certificate shall
accompany the notice.
(b) Assessment effective.--An assessment made under this
chapter shall become effective 30 days after personal notice is
given by any of the following means:
(1) Personal service on the owner or the owner's agent.
(2) Certified mail, addressee only, return receipt
requested, to the owner at the owner's last known address.
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(3) Posting notice at or upon the property after
reasonable attempts to give personal notice under paragraphs
(1) and (2) have failed.
§ 6307. Benefits and damages.
In a proceeding in which damages to property are being sought
as a result of a public improvement for which an assessment of
benefits has been made, the excess of damages over benefits, the
excess of benefits over damages or nothing in case the benefits
and damages are equal, shall be awarded to or assessed against
the owner of land and property affected by the public
improvement. Damages shall be calculated in accordance with 26
Pa.C.S. (relating to eminent domain).
§ 6308. Payment of assessments in installments.
(a) Authorization.--An ordinance providing for a public
improvement, the expense of which is to be defrayed by an
assessment against properties benefited by the public
improvement, may authorize payment of the assessment in
installments. The ordinance shall:
(1) Set a time when the installment payments shall
commence.
(2) Specify the length of time over which the
installments may be extended. The period during which
installments may be paid shall not exceed the lesser of 10
years or the number of years equal to the period of maturity
of the bonds issued to fund the public improvement.
(3) Specify whether payments are to be made by equal
annual or more frequent installments.
(b) Interest rate.--The ordinance shall specify the rate of
interest for the installments, which shall not be more than 6%
per year unless a bond is issued for the improvement, in which
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case the maximum interest rate on the installment payments shall
be in accordance with section 9 of the act of May 16, 1923
(P.L.207, No.153), referred to as the Municipal Claim and Tax
Lien Law.
(c) Written agreement.--The township shall enter into a
written installment agreement with each property owner that will
pay the assessment in installments, subject to the requirements
of the ordinance pertaining to the agreements and this chapter.
(d) Installments not paid.--If any of the installments
remain unpaid for 60 days after the installments have become due
and payable:
(1) The entire unpaid assessment, plus unpaid accrued
interest and any costs, shall be due and payable.
(2) The township may proceed to collect the installments
by filing a lien in the same manner as municipal claims are
filed under the Municipal Claim and Tax Lien Law or by
instituting a civil action.
(e) Advance payments.--A property owner upon whom an
assessment has been made may pay all or as many of the
installments before due, with interest and costs to the due date
of the next installment.
§ 6309. Collection of assessments.
(a) Authority.--The board of commissioners shall have the
power to authorize the township treasurer or other township
official to collect assessments.
(b) Procedure.--The following shall apply to the collection
of assessments:
(1) A township may collect an assessment that remains
unpaid for 60 days after personal notice was given under
section 6306 (relating to notice of assessment) unless an
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installment agreement has been entered into under section
6308 (relating to payment of assessments in installments).
(2) An assessment made under this chapter may be
collected in the same manner as municipal claims under the
act of May 16, 1923 (P.L.207, No.153), referred to as the
Municipal Claim and Tax Lien Law, or by instituting a civil
action against the owner of the benefited property.
(3) Interest on an unpaid assessment shall begin to
accrue from the time of completion of the improvement at a
rate not to exceed 6% per year unless a bond is issued for
the improvement, in which case the maximum interest rate
shall be as provided in section 9 of the Municipal Claim and
Tax Lien Law.
(4) If a property owner has two or more lots against
which there is an assessment for the same improvement, all of
the lots may be embraced in one claim.
(5) Assessments, whether paid one time or by
installments, shall be payable at the office of the township
treasurer or any other place designated by ordinance.
CHAPTER 65
WATER SUPPLY
Subchapter
A. Acquisition, Construction and Maintenance
B. Joint Water System
SUBCHAPTER A
ACQUISITION, CONSTRUCTION AND MAINTENANCE
Sec.
6501. Contracts for water supply and development of own water
supply.
6502. Public utility law saved.
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6503. Rates.
6504. Distribution system and State permit.
6505. Occupation of highways.
6506. Property damages.
6507. Water districts.
6508. Connection to water system.
6509. Cost of connection and payment.
6510. Default in payment of installment.
§ 6501. Contracts for water supply and development of own water
supply.
(a) Contracting allowed.--Townships may contract with an
adjoining municipal corporation owning a water system or with a
municipal authority or a private company for a supply of water
for public and private uses to be delivered into the lines of
the township at, near or within the boundaries of the township.
(b) Additional allowance.--This section does not prohibit a
contract between a township and a municipal corporation, or a
private company, for the supply of water in territory being
supplied by any other private company.
(c) Water system.--A township may construct, maintain and
operate its own water system and shall have full power by
contract to develop an independent supply of water at any time,
and the township is not required to purchase a water supply
needed by the township from either an adjoining municipal
corporation or from a private company.
§ 6502. Public utility law saved.
Nothing contained in this chapter shall be construed to
repeal or to supersede any of the provisions of 66 Pa.C.S.
(relating to public utilities).
§ 6503. Rates.
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(a) Rates fixed.--For water supplied by the township, the
board of commissioners shall fix the rates charged to users of
water or to owners whose properties are connected to the water
system. The board of commissioners shall provide for the
collection of the water rates. The rates shall be in addition to
the cost of making any connections under section 6508 (relating
to connection to water system). For users outside the township,
the fixing of rates shall be subject to, and in accordance with,
applicable law and the rules and regulations of the Pennsylvania
Public Utility Commission.
(b) Rate establishment.--The initial imposition of the rate
imposed under subsection (a) shall be established by ordinance.
Subsequent rate adjustments may be by resolution if the
ordinance establishing the rate allows for future rate
adjustments by resolution adopted at a public meeting. This
subsection shall not be construed to invalidate or void any rate
imposed or adjusted prior to December 28, 2020.
§ 6504. Distribution system and State permit.
A township entering into a contract for the supply of water
may, by ordinance, provide, regulate and protect a system of
water distribution after filing a certified copy of the plans
and surveys for the system, with a description of the sources
from which it is proposed to derive the supply, with the
Department of Environmental Protection and, if required by law,
other Federal or State entities, and written permits for the
construction of the system are issued in accordance with
existing law.
§ 6505. Occupation of highways.
(a) Authority.--Except as provided in subsection (b), in
providing for, regulating, protecting and extending a township's
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system of distribution of water, a township may occupy streets,
roads or highways, and may take, injure or destroy private
property as provided in this chapter. A highway under the
jurisdiction of the Department of Transportation may not be
occupied until a permit has been obtained from the Department of
Transportation.
(b) Exceptions.--Property belonging to or used as a
cemetery, place of public worship, public or parochial school or
other educational or charitable institution or seminary shall
not be taken, injured or destroyed by virtue of this section.
§ 6506. Property damages.
If the compensation and damages arising from the taking,
injury or destruction of private property cannot be agreed upon,
the township shall proceed under 26 Pa.C.S. (relating to eminent
domain).
§ 6507. Water districts.
The board of commissioners may designate, define and create
one or more water districts within the township and the board of
commissioners shall determine the proportion of the cost of the
water system which shall be equitably charged on each district
and declare and establish the apportionment by resolution. A
water district may not be charged with more than the district's
due proportion of the cost of the main pipe lines, pumping
stations or other parts of the water system used jointly by more
than one district.
§ 6508. Connection to water system.
(a) Property owners.--The board of commissioners may, by
ordinance, require that a property owner connect with and use a
water system of the township or municipal authority or a joint
water system in either of the following cases:
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(1) Except as provided in subsection (b), if the nearest
property line is located within 150 feet of a water system or
any part or extension of the system.
(2) If the property has no supply of water which is safe
for human consumption.
(b) Exception.--With respect to water supplied for human
consumption, a property owner who, after December 28, 2020, is
subject to mandatory connection under subsection (a)(1), shall
not be required to connect to the water system if all of the
following apply:
(1) The water system or part or extension of the system
that is within 150 of the nearest property line was in
existence on December 28, 2020.
(2) The property has its own supply of water which is
safe for human consumption.
(3) Prior to December 28, 2020, the property owner was
not required to connect to the existing system.
(c) Wells.--Industries and farms which have their own supply
of water for uses other than human consumption through installed
and operating wells existing prior to December 28, 2020, may
continue to use their preexisting wells for that purpose but are
required to use the water system of the township or municipal
authority to provide water for human consumption.
(d) Backflow prevention device.--A township may require an
owner of property to install and maintain a backflow prevention
device based on the degree of potential hazard of the connected
property in accordance with other applicable law.
(e) Penalties.--A township may assess penalties for the
violation of ordinances pertaining to water connections or
backflow prevention devices.
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(f) Fee imposition.--
(1) A township may, by ordinance, impose and charge
certain fees to property owners who desire or are required to
connect to the water system owned or operated by the
township, a municipal authority or a joint water board or who
desire to increase their usage of the water system.
(2) The fees imposed under paragraph (1) may be a
connection fee, a customer facilities fee, a tapping fee and
other similar fees as enumerated and calculated under 53
Pa.C.S. § 5607(d)(24) (relating to purposes and powers).
(3) The tapping fee may include a reimbursement part as
provided in 53 Pa.C.S. § 5607(d)(24)(i)(C)(IV) to be refunded
to the private individual or corporation that paid for the
construction of the water system or any part or extension of
the water system.
(g) Failure to connect.--
(1) If a property owner required under subsection (a) to
connect with and use the system fails to connect within 90
days after notice to connect has been served by the board of
commissioners, either by personal service or registered mail,
the board of commissioners or their agents may enter the
property and construct the connection.
(2) The board of commissioners shall send an itemized
bill of the cost of construction of the connection to the
owner of the property to which connection has been made,
which bill is payable immediately, or the board of
commissioners may authorize the payment of the cost of
construction of connections in equal monthly installments and
the installments shall bear interest at a rate not to exceed
6%.
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§ 6509. Cost of connection and payment.
The cost of construction of connections shall be payable
immediately at the office designated by the board of
commissioners, or if authorized by the board of commissioners,
in monthly installments, with interest from the date of
completion of the construction of the connection.
§ 6510. Default in payment of installment.
For defaults in the payment of any installment and interest
for a period of 60 days after the payment is due, the entire
cost of construction of the connection and accrued interest
shall become due and the township may collect the unpaid cost of
construction of the connection and accrued interest from the
owner by a municipal claim or in an action of assumpsit.
SUBCHAPTER B
JOINT WATER SYSTEM
Sec.
6511. Joint construction, acquisition or maintenance.
6512. Permits.
6513. Joint commission.
§ 6511. Joint construction, acquisition or maintenance.
A township may join with one or more municipal corporations
in the construction or acquisition and maintenance of a water
system.
§ 6512. Permits.
The construction of a water system may be commenced only
after plans for the water system have been filed with the
Department of Environmental Protection and, if required by law,
other Federal or State entities and permits issued in accordance
with law.
§ 6513. Joint commission.
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(a) Appointment.--The municipal corporations joining in the
construction or acquisition and maintenance of a water system
may, by ordinance, provide for the appointment of a joint
commission of a water system in order to facilitate the
construction, operation and maintenance of the water system and
to secure preliminary surveys and estimates.
(b) Agency.--The joint commission shall act generally as the
advisory and administrative agency in the construction of the
improvement and its subsequent operation and maintenance.
(c) Composition.--The joint commission shall be composed of
one representative, or alternatively an equal number of
representatives, from each of the joining municipal
corporations. The members of the joint commission shall serve
for terms of six years each from the dates of their respective
appointments and until their successors are appointed.
(d) Organization.--The joint commission shall organize by
the election of a chairperson, secretary and treasurer. The
secretary and treasurer may be the same individual.
(e) Appointments.--The municipal corporations may, in the
ordinances creating the joint commission, authorize the joint
commission to appoint an engineer, a solicitor and other
assistants as are deemed necessary, and agree to share the
compensation costs for members who attend meetings which shall
be fixed in the budget prepared by the joint commission and
submitted to and adopted by the joining municipal corporations.
In addition to the agreed upon compensation that a member
receives for each attendance at a meeting, members shall be
entitled to actual expenses to be paid by the respective
municipal corporations that the members represent.
CHAPTER 67
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MANUFACTURE AND SALE OF ELECTRICITY
Sec.
6701. Manufacture and sale of electricity.
6702. Regulation of use and prices.
6703. Sale of hydroelectric generating facilities.
6704. Construction or purchase of hydroelectric generating
facilities.
6705. Submission to electors.
6706. Limitation on indebtedness.
§ 6701. Manufacture and sale of electricity.
A township may manufacture electricity by means of a
hydroelectric generating facility owned or operated by the
township for the use of the inhabitants of the township. A
township owning or operating a hydroelectric generating facility
may make contracts for the sale of electricity to persons
engaged in the business of the manufacture or sale of
electricity.
§ 6702. Regulation of use and prices.
A township furnishing electricity under this chapter may
regulate the use of electricity in dwellings, business places
and other places in the township and the rate to be charged for
the electricity.
§ 6703. Sale of hydroelectric generating facilities.
A township may sell, by ordinance, all or part of its
hydroelectric generating facilities to a purchaser for the sale
price as the parties may agree upon.
§ 6704. Construction or purchase of hydroelectric generating
facilities.
A township may construct or purchase facilities to
manufacture electricity by hydroelectric generation. A township
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may purchase a hydroelectric generating facility at the price
agreed upon by the township and the person, partnership or a
majority of the stockholders of a corporation that owns the
facilities.
§ 6705. Submission to electors.
Before a township constructs or purchases a hydroelectric
generating facility, the question of the increase of the debt of
the township shall first be submitted to the qualified voters of
the township in the manner provided by law for the increase of
indebtedness of municipal corporations.
§ 6706. Limitation on indebtedness.
A township which constructs or purchases a hydroelectric
generating facility may not incur any indebtedness for the
construction or enlargement of a new or existing dam or
impoundment structure but may incur indebtedness for repairs or
reconstruction of an existing dam or impoundment in connection
with the hydroelectric project.
CHAPTER 69
PUBLIC BUILDINGS
Sec.
6901. Township buildings.
6902. Garages and warehouses.
6903. Appropriation of property.
6904. Ordinance of commissioners.
6905. Assessment of damages.
6906. Use of public lands acquired for other purposes.
§ 6901. Township buildings.
The board of commissioners may procure by purchase, gift,
exchange or the exercise of eminent domain a lot of ground
located within the township and erect or use buildings for
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township purposes.
§ 6902. Garages and warehouses.
The board of commissioners may purchase or lease land inside
or outside the limits of the township and erect garages,
warehouses or other buildings as may be necessary for handling
and storing equipment, materials and supplies.
§ 6903. Appropriation of property.
(a) Use.--Except as provided under subsection (b), townships
may enter upon and appropriate private property and land
previously granted or dedicated to public or other use within
the limits of the township, and which is no longer used for the
purpose for which the appropriation was granted or dedicated,
for the erection on the property of a municipal building, fire
house, lockup and other public buildings for public purposes.
(b) Exception.--Land or property used for a cemetery,
burying ground, public or parochial school, educational or
charitable institution, seminary or place of public worship may
not be taken or appropriated.
§ 6904. Ordinance of commissioners.
When the board of commissioners desires to acquire, enter
upon, take, use and appropriate private property or lands for
public buildings, the board shall declare the board's intention
by ordinance.
§ 6905. Assessment of damages.
The provisions of 26 Pa.C.S. (relating to eminent domain)
prevail relating to the compensation and damages arising from
taking, using and appropriating private or public property for
township purposes.
§ 6906. Use of public lands acquired for other purposes.
When the board of commissioners desires to take any public
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lands previously granted or dedicated for a use or purpose for
which the lands are no longer used, the board of commissioners
shall pass an ordinance declaring the board's intention, and
shall petition the court of common pleas for leave to file the
bond of the township to secure any person who may be entitled to
compensation for the taking. The court shall direct notice to be
given by publication in at least one newspaper of general
circulation as required under section 1107 (relating to legal
advertising). If no exceptions are filed to the bond on or
before the day fixed in the notice, the court shall approve the
leave. The court may increase the amount of the bond, shall hear
and determine all exceptions that are filed against the petition
and the sufficiency of the bond and may grant or deny the
request of the petition. Upon the granting of the petition and
the approval of the bond, the board of commissioners may enter
upon and take the lands to erect public buildings. The bond,
which shall be in the name of the Commonwealth for the use of
any person that is entitled to damages by reason of the taking
of the lands, shall remain on file for their use and benefit.
CHAPTER 71
LICENSES AND LICENSE FEES
Subchapter
A. Transient Retail Merchants
B. Restrictions
SUBCHAPTER A
TRANSIENT RETAIL MERCHANTS
Sec.
7101. Licensing transient retail businesses.
§ 7101. Licensing transient retail business.
(a) Regulation.--A township may, by ordinance, regulate and
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license transient retail merchants engaged in any transient
retail business within the township. The ordinance may prohibit
the commencement or transaction of any transient retail business
until or unless the license required by the ordinance has been
obtained from the township by the individual, firm or
corporation desiring to commence the transient retail business.
The ordinance may be enforced by a penalty, not to exceed $300,
for a violation of the provisions of the ordinance and may
provide for other means of enforcement.
(b) Fees.--The board of commissioners may establish license
fees for businesses regulated under this section. The license
fees shall bear a reasonable relationship to the cost of
administering the ordinance and regulating, inspecting and
supervising each business.
(c) Construction.--Nothing contained in this section shall
be construed to apply to any of the following:
(1) farmers selling their own produce;
(2) a person selling personal property, donated by the
owners, if the proceeds of the sale are to be applied to a
charitable or philanthropic purpose; or
(3) a manufacturer or producer in the sale of bread and
bakery products, meat and meat products or milk and milk
products.
SUBCHAPTER B
RESTRICTIONS
Sec.
7111. Persons taking orders by samples.
7112. Insurance business.
7113. License fees on residents not to exceed those on
nonresidents.
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§ 7111. Persons taking orders by samples.
(a) Prohibition.--A township may not impose, levy or collect
a license fee or mercantile tax upon a person that takes, by
sample, from a dealer or merchant an order for merchandise on
behalf of an individual or company that pays a license fee or
mercantile tax at the individual's or company's chief place of
business.
(b) Retail sales not authorized.--Nothing in this section
authorizes a person to sell by retail to a person other than a
dealer or merchant without payment of a license or permit fee.
§ 7112 . Insurance business.
A township may not impose or collect a license fee upon an
insurance company, insurance agent or insurance broker
authorized to transact business under the act of May 17, 1921
(P.L.682, No.284), known as The Insurance Company Law of 1921 .
§ 7113. License fees on residents not to exceed those on
nonresidents.
A township may not pass an ordinance imposing a license fee
upon a manufacturer, including an agent, representative and
employee, that is a resident of this Commonwealth for soliciting
orders for or selling personal property manufactured within this
Commonwealth if the township could not legally impose the same
license fee upon a manufacturer, including an agent,
representative and employee, that is a nonresident of the
Commonwealth for soliciting orders for or selling personal
property manufactured outside this Commonwealth.
CHAPTER 73
PARKS, RECREATION CENTERS, SHADE TREES
AND FORESTS
Subchapter
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A. Public Parks, Playgrounds and Recreation Centers
B. Shade Tree Commission
C. Forests
D. Penalties and Assessments
SUBCHAPTER A
PUBLIC PARKS, PLAYGROUNDS AND RECREATION CENTERS
Sec.
7301. Acquisition of land and buildings.
7302. Creation of recreation board.
7303. Composition of park or recreation boards.
7304. Organization and operation of park or recreation boards.
7305. Expenses.
7306. Joint ownership and maintenance.
7307. Issue of bonds.
§ 7301 . Acquisition of land and buildings.
(a) Authorization.--For the purpose of making, enlarging and
maintaining public parks, recreation areas and facilities, a
township may, subject to subsection (b):
(1) separately or jointly with another political
subdivision, by ordinance dedicate and set apart land not
dedicated to another public use or purpose; and
(2) enter upon, appropriate and acquire by gift, devise,
purchase, lease or otherwise, private property.
(b) Facilities.--A township may construct and equip a new
facility upon land under subsection (a).
(c) Taxation.--A township may levy and collect general
taxes, or special taxes under section 4908(a)(9) (relating to
tax levies), as necessary to pay for action under this section.
(d) Appropriations.--A township may make appropriations for
the construction, improvement, maintenance, care, regulation and
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government of land and facilities under this section.
(e) Prohibition.--A township, acting individually or jointly
with another political subdivision, may not acquire private
property within the limits of another municipal corporation
without the consent of the governing body of the municipal
corporation where the property is located.
§ 7302. Creation of recreation board.
A board of commissioners has the following powers related to
recreation:
(1) Equip, operate, maintain and regulate public parks,
recreation areas and facilities.
(2) Conduct recreation programs.
(3) Appoint officers and hire employees.
(4) By ordinance, vest authority under paragraphs (1),
(2) and (3) in:
(i) an appropriate local agency; or
(ii) a park or r ecreation board established by
ordinance stating powers and duties .
§ 7303. Composition of park or recreation boards.
(a) Members.--If a board of commissioners establishes a park
or recreation board under section 7302(4)(ii) (relating to
creation of recreation board), the board of commissioners shall
appoint five or seven individuals. Each individual must be a
resident of, or own property in, the township where the park or
recreation board operates.
(b) Terms.--
(1) Initial appointments shall be for staggered terms so
that the terms of no more than two members expire annually.
(2) Subsequent appointments shall be for terms of five
years or until successors are appointed.
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(3) A member of a park or recreation board may only be
removed by the board of commissioners for malfeasance in
office or nonfeasance in office.
(4) A vacancy on a park or recreation board shall be
filled by the board of commissioners for the unexpired term.
(c) Compensation.--Members of a park or recreation board
shall serve without compensation.
§ 7304 . Organization and operation of park or recreation
boards.
(a) Officers.--The members of a park board or recreation
board shall elect, for a one-year term, a chairperson, a
secretary and other necessary officers.
(b) Employees.--If specified in the vesting ordinance under
section 7302(4)(ii) (relating to creation of recreation board),
the park or recreation board may employ necessary individuals.
(c) Business.--
(1) Except as specified in paragraph (2), a park or
recreation board may adopt rules for the conduct of its
business.
(2) Paragraph (1) does not apply if the vesting
ordinance under section 7302(4)(ii) prohibits rulemaking.
(d) Annual report.--A park or recreation board shall submit
an annual report to the board of commissioners. The report shall
include an analysis of the community recreation areas,
facilities and leadership, with particular reference to extent,
adequacy and effectiveness, in view of the public expenditure
involved and the public needs to be met.
§ 7305. Expenses.
(a) Payment.--
(1) Expenses incurred in the maintenance and operation
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of parks, recreation areas and facilities under this chapter
shall be payable from the treasury of the township or from
the treasury of the applicable political subdivisions
pursuant to an intergovernmental cooperation agreement.
(2) The board of commissioners may annually appropriate
money to pay expenses under paragraph (1).
(b) Taxation.--The board of commissioners may raise money
for payment under subsection (a) by general or special taxation.
§ 7306. Joint ownership and maintenance.
(a) Authority.--A township may join or establish, with other
municipalities, a joint recreation board under 53 Pa.C.S. Ch. 23
Subch. A (relating to intergovernmental cooperation). The joint
recreation board may acquire property for and operate and
maintain parks, public recreation areas and facilities. A school
district may join with the township in equipping, operating and
maintaining parks, public recreation areas and facilities and
may appropriate money for those actions.
(b) Costs and expenses.--Costs and expenses of the joint
recreation board, including those relative to property jointly
acquired, shall be paid for by the respective municipalities as
specified in the intergovernmental cooperation agreement.
§ 7307 . Issue of bonds.
A township may incur indebtedness and may issue general
obligation bonds for the purpose of acquiring land, buildings
and equipment for parks and recreation areas under 53 Pa.C.S.
Pt. VII Subpt. B (relating to indebtedness and borrowing).
SUBCHAPTER B
SHADE TREE COMMISSION
Sec.
7311. Right of establishment.
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7312. Appointment, terms and vacancies.
7313. Powers may be vested in park commission.
7314. General powers of shade tree commission.
7315. Hiring of employees and regulations.
7316. Report of shade tree commission.
7317. Notice of work.
7318. Payment by owners and assessment.
7319. Removal of diseased or dangerous trees.
7320. Maintenance by township and funds.
7321. Penalties.
§ 7311 . Right of establishment.
(a) Ordinance.--A township may, by ordinance, establish a
shade tree commission.
(b) No ordinance.--If there is no ordinance under subsection
(a), the board of commissioners shall have the powers and duties
of a shade tree commission under this chapter.
§ 7312. Appointment, terms and vacancies.
(a) Scope.--This section applies to a shade tree commission
established under section 7311(a) (relating to right of
establishment).
(b) Composition.--The board of commissioners shall appoint
three or five shade tree commissioners. Each shade tree
commissioner must be a resident of the township.
(c) Terms.--
(1) If three shade tree commissioners are appointed:
(i) one initial term shall be for three years;
(ii) one initial term shall be for four years; and
(iii) one initial term shall be for five years.
(2) If five shade tree commissioners are appointed:
(i) one initial term shall be for one year;
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(ii) one initial term shall be for two years;
(iii) one initial term shall be for three years;
(iv) one initial term shall be for four years; and
(v) one initial term shall be for five years.
(3) A term for a subsequent appointment shall be for
five years.
(4) A vacancy shall be filled by the board of
commissioners for the unexpired term.
(d) Compensation.--Shade tree commissioners shall serve
without compensation.
§ 7313. Powers may be vested in park commission.
If a township has a commission for the care of public parks,
the board of commissioners may, by ordinance, confer on that
commission the powers and duties of the shade tree commission.
§ 7314 . General powers of shade tree commission.
Except as provided in section 5524 (relating to trees and
shrubbery within right-of-way), the shade tree commission:
(1) has exclusive custody and control of the shade trees
in the township; and
(2) may plant, remove, maintain and protect shade trees
on the public streets and highways in the township.
§ 7315. Hiring of employees and regulations.
(a) Employees.--The shade tree commission may, with the
approval of the board of commissioners, select, employ and
discharge and pay individuals to perform the functions of the
shade tree commission.
(b) Regulations.--
(1) Subject to paragraph (2), the commission may
promulgate and enforce regulations for the care and
protection of the shade trees of the township.
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(2) A regulation is not in force until the regulation
is:
(i) approved by the board of commissioners; and
(ii) published at least once in a newspaper of
general circulation under section 1107 (relating to legal
advertising).
§ 7316. Report of shade tree commission.
(a) Requirement.--The shade tree commission shall annually
report to the board of commissioners the shade tree commission's
transactions and expenses for the preceding fiscal year of the
township.
(b) Incorporation.--The park commission may incorporate the
transactions and expenses in the park commission's regular
report to the board of commissioners.
§ 7317 . Notice of work.
(a) Requirement.--If a shade tree commission proposes to
plant, transplant or remove shade trees on a street or highway,
notice of the time and place of the meeting at which the work is
to be considered must be given once in one newspaper of general
circulation immediately preceding the time of the meeting.
(b) Contents.--The notice shall specify in detail the street
or highway where trees are proposed to be planted, transplanted
or removed.
§ 7318. Payment by owners and assessment.
(a) Payment--The owner of the real estate abutting the
location of the planting, transplanting or removal of a shade
tree shall pay the cost of:
(1) the work;
(2) necessary and suitable guards, curbing or grading
for protection of the shade trees; and
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(3) replacing pavement or sidewalk necessarily disturbed
in the execution of the work.
(b) Assessment.--
(1) Subject to paragraph (2), if the township undertakes
work under subsection (a), costs shall be assessed in
accordance with Chapter 63 (relating to assessments for
public improvements).
(2) If the benefit conferred method of assessment is
used, the benefit conferred may not exceed actual cost.
§ 7319. Removal of diseased or dangerous trees.
(a) Owners.--The shade tree commission may, by regulation
and upon notice required by an ordinance, order a property owner
to cut and remove trees afflicted with a disease which threatens
to injure or destroy shade trees in the township.
(b) Commission.--If an owner does not comply with an order
under subsection (a), the township may perform work and assess
and collect the cost against the property owner under section
7318 (relating to payment by owners and assessment).
§ 7320 . Maintenance by township and funds.
(a) Responsibility.--The township shall pay:
(1) the cost and expense of caring for shade trees after
planting; and
(2) the expense of publishing the notice under section
7317 (relating to notice of work) and 7318 (relating to
payment by owners and assessment).
(b) Certification.--The shade tree commission shall annually
certify costs and expenses under subsection (a) to the board of
commissioners.
(c) Appropriation.--Instead of levying the tax authorized
under the general tax levying powers of this part, the board of
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commissioners may provide for the expenses under subsection (a)
by an appropriation equal to the amount certified under
subsection (b).
§ 7321 . Penalties.
(a) Authority.--As provided by ordinance, a shade tree
commission may assess penalties for the violation of the shade
tree commission's regulations and this chapter relating to shade
trees.
(b) Effect.--A penalty under subsection (a):
(1) is a lien upon the real estate of the offender; and
(2) may be collected as a municipal claim.
SUBCHAPTER C
FORESTS
Sec.
7331. Right of acquisition of forest lands.
7332. Ordinance and notice.
7333. Appropriation for acquisition.
7334. Regulations.
7335. Appropriation for maintenance and revenue.
7336. Use of township forests.
7337. Ordinance of sale.
7338. Appropriation of money to forestry organizations.
§ 7331 . Right of acquisition of forest lands.
A township has the following powers:
(1) To acquire, by purchase, gift or lease, a tract of
land covered with forest or tree growth or suitable for the
growth of trees for the benefit of the township. A tract
under this paragraph may be located within or outside the
township.
(2) To administer a tract under paragraph (1) in
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accordance with the practices and principles of scientific
forestry.
§ 7332 . Ordinance and notice.
If the board of commissioners deems it expedient to acquire
land for forests, it shall pass an ordinance describing the
facts and conditions relating to the proposed action.
§ 7333. Appropriation for acquisition.
Money necessary for the purchase of a tract shall be
appropriated in the same manner as appropriations for township
purposes. Money may be provided from the current revenue or by
the proceeds of a sale of general obligation bonds.
§ 7334. Regulations.
Upon acquisition of a forest or land suitable for a forest,
the board of commissioners may promulgate regulations governing
the proper administration of the acquired forestry as necessary
to produce continuing township revenue by the sale of forest
products. The regulations may provide for the administration,
maintenance, protection and development of the forests or lands
suitable for forests as necessary or expedient.
§ 7335. Appropriation for maintenance and revenue.
Money necessary for the administration, maintenance,
protection and development of forests shall be appropriated and
applied for township purposes. The revenue and the return on the
revenue arising from the forests shall be paid into the township
treasury to be used for general township purposes.
§ 7336. Use of township forests.
A township forest may be used by the public as general outing
or recreation grounds subject to the regulations under section
7334 (relating to regulations).
§ 7337. Ordinance of sale.
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(a) Determination.--If the board of commissioners deems it
expedient to sell or lease a township forest, a part of a
township forest or a product from a township forest, the board
of commissioners shall pass an ordinance specifying the facts
and conditions relating to the proposed action.
(b) Requirements.--To pass an ordinance under subsection
(a), the board of commissioners must comply with the advertising
and bidding requirements of section 4302 (relating to real
property).
§ 7338 . Appropriation of money to forestry organizations.
The board of commissioners may appropriate money from the
township treasury:
(1) to a forest protection association cooperating in
forest work with the Department of Conservation and Natural
Resources; or
(2) to be expended in direct cooperation with the
department in forest work.
SUBCHAPTER D
PENALTIES AND ASSESSMENTS
Sec.
7341. Management.
§ 7341. Management.
(a) Payment.--A penalty or assessment under this chapter
shall be paid to the township treasurer.
(b) Use.--The township treasurer shall keep penalties and
assessments in a separate fund and utilized only for the
purposes authorized by this chapter.
CHAPTER 75
UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE
AND RESERVED POWERS
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Sec.
7501. Definitions.
7502. Primacy of Uniform Construction Code.
7503. Changes in Uniform Construction Code.
7504. Public nuisance.
7505. Property maintenance code.
7506. Reserved powers.
§ 7501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
" Pennsylvania Construction Code Act." The act of November
10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act .
"Uniform Construction Code." The Uniform Construction Code
adopted under section 301 of the Pennsylvania Construction Code
Act.
§ 7502 . Primacy of Uniform Construction Code.
(a) Applicability.--The Pennsylvania Construction Code Act
and the Uniform Construction Code shall apply to the
construction, alteration, repair and occupancy of the buildings
and structures within a township.
(b) Primacy.--This section and an ordinance passed or a rule
or regulation adopted under this section shall not supersede or
abrogate the Pennsylvania Construction Code Act or the Uniform
Construction Code and shall be construed and read in pari
materia with both.
§ 7503 . Changes in Uniform Construction Code.
The board of commissioners may pass an ordinance to equal or
exceed the minimum requirements of the Uniform Construction Code
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in accordance with and subject to the requirements of section
503 of the Pennsylvania Construction Code Act. An ordinance
exceeding the provisions of the Uniform Construction Code must
meet the standards provided in section 503(j)(2) of the
Pennsylvania Construction Code Act.
§ 7504 . Public nuisance.
(a) Abatement.--Except as provided under subsection (b), any
building, housing or property or a part of any building, housing
or property erected, altered, extended, reconstructed, removed
or maintained, contrary to the provisions of an ordinance passed
for the purposes specified under this chapter, may be declared,
by a court of law, a public nuisance and may be abatable.
(b) Exception.--A violation of the Uniform Construction Code
or of an ordinance that equals or exceeds the Uniform
Construction Code shall be subject to the provisions of the
Pennsylvania Construction Code Act and the regulations
promulgated under the Pennsylvania Construction Code Act by the
Department of Labor and Industry relating to enforcement for
noncompliance.
§ 7505 . Property maintenance code.
(a) Property maintenance code.--
(1) Notwithstanding the primacy of the Uniform
Construction Code, the board of commissioners may pass a
property maintenance code ordinance in either of the
following manners:
(i) Pass, as the property maintenance code
ordinance, a standard or nationally recognized property
maintenance code, with alterations.
(ii) Incorporate by reference, into the property
maintenance code ordinance, a standard or nationally
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recognized property maintenance code, or an alteration of
the code, published and printed in book form. An
incorporated code need not be recorded in or attached to
the ordinance book but shall be deemed legally recorded
if the incorporating property maintenance code ordinance
is recorded, with an accompanying notation stating where
the full text of the incorporated code is filed.
(2) The property maintenance ordinance may provide for
reasonable property fines and penalties for violations.
(3) Notice of consideration of the property maintenance
code ordinance must be published to summarize its contents
and to identify locations within the township where copies
may be examined and obtained. Notice under this paragraph
must be published once in one newspaper of general
circulation at least one week and not more than three weeks
prior to the presentation of the proposed property
maintenance code ordinance to the board of commissioners.
(4) At least three copies of the property maintenance
code ordinance shall be made available for public inspection
and use during business hours and available to an interested
party at cost or without charge.
(5) The procedure under this subsection applies to an
amendment or repeal of the property maintenance code
ordinance.
(b) Property maintenance inspectors.--
(1) The board of commissioners may appoint property
maintenance inspectors.
(2) A property maintenance inspector may enter upon and
inspect property, subject to constitutional standards, at
reasonable hours and in a reasonable manner for the
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administration and enforcement of the property maintenance
code ordinance under subsection (a)(1). A fee payable to a
property maintenance inspector under the property maintenance
code ordinance shall be promptly remitted to the township
treasurer for the use of the township.
(c) Legal actions.--In addition to the penalties provided by
the property maintenance code ordinance, the township may
institute an action in law or equity to enjoin or prevent a
violation of the property maintenance code ordinance.
(d) Construction.--The powers of a township under this
section are in addition to the powers under:
(1) the act of November 26, 2008 (P.L.1672, No.135),
known as the Abandoned and Blighted Property Conservatorship
Act;
(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight
reclamation and revitalization); and
(3) 68 Pa.C.S. Ch. 21 (relating to land banks).
§ 7506 . Reserved powers.
(a) Scope.--This section applies if the Uniform Construction
Code, or a replacement code, is no longer applicable in
townships as a result of:
(1) legislative action; or
(2) a final judicial order:
(i) for which the time for appeal has expired, and
no appeal has been taken; or
(ii) from which there is no pending appeal.
(b) Powers.--If subsection (a) applies, the board of
commissioners has the following powers:
(1) Pass and enforce an ordinance to regulate land and
improvements as follows:
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(i) The ordinance may be related to any of the
following:
(A) Construction and reconstruction.
(B) Alteration.
(C) Repair and maintenance.
(D) Conversion.
(E) Occupation and use.
(F) Sanitation, ventilation, heating, egress,
lighting, electrical wiring, water supply, toilet
facilities, drainage and plumbing.
(G) Fire prevention and fireproofing. This
subparagraph includes prescribing limitations under
which only buildings of noncombustible material and
fireproofed roofs are used in construction, erection
or substantial reconstruction.
(H) Inspection.
(ii) The ordinance may be combined with the property
maintenance code ordinance.
(iii) Section 7505 (relating to p roperty maintenance
code ) applies.
(iv) The ordinance may provide for reasonable fines
and penalties for violation.
(2) Require approval of plans and specifications before
work of construction, reconstruction, alteration, extension,
repair or conversion of a building begins.
(3) Do all of the following related to building
inspectors, housing inspectors, property maintenance
inspectors, fire prevention inspectors, electrical inspectors
and plumbing inspectors:
(i) Appoint them.
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(ii) Fix their compensation.
(iii) Grant the right to enter upon and inspect a
premises, subject to constitutional standards, at
reasonable hours and in a reasonable manner, for the
administration and enforcement of the ordinance under
paragraph (1). A fee payable to an inspector as provided
in the ordinance under paragraph (1) shall be promptly
remitted to the township treasurer for the use of the
township.
(4) In addition to the penalties provided by the
ordinance under paragraph (1), institute an action in equity
to:
(i) enjoin unlawful construction, reconstruction,
alteration, extension, repair, conversion, maintenance,
use or occupation of property located within the
township;
(ii) correct the unlawful action; and
(iii) prevent the use or occupancy of the building,
housing or structure.
CHAPTER 77
ORDINANCES
Subchapter
A. General Provisions
B. Enforcement
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
7701. Ordinances and resolutions.
7702. Publication.
7703. Recording and proof.
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7704. Codification of ordinances.
7705. Appeals on ordinances and resolutions.
7706. Standard or nationally recognized codes.
§ 7701. Ordinances and resolutions.
(a) Authority.--
(1) The board of commissioners shall pass ordinances in
accordance with this chapter and the laws of this
Commonwealth in which the powers of the township shall be
exercised:
(i) as deemed beneficial to the township; and
(ii) to provide for the enforcement of the powers of
the township.
(2) The board of commissioners may amend or repeal
existing ordinances by the passage of subsequent ordinances.
(b) Ordinances.--Every legislative act of the board of
commissioners must be by ordinance. A legislative act includes:
(1) Legislation doing any of the following:
(i) Exercising the police power of the township.
(ii) Regulating land use, development and
subdivision.
(iii) Imposing building, plumbing, electrical,
property maintenance, housing and similar standards.
(iv) Regulating the conduct of a person within the
township and imposing a penalty for violation of the
regulated conduct.
(2) Imposing an assessment on benefited property for
public improvements under Chapter 63 (relating to assessments
for public improvements).
(3) Increasing the rate of taxation from the previous
fiscal year.
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(c) Resolutions.--The board of commissioners shall pass
resolutions in accordance with this chapter and the laws of this
Commonwealth. Resolutions may be passed for any purpose,
including:
(1) Ceremonial or congratulatory expressions of the good
will of the board of commissioners.
(2) Statements of public policy of the board of
commissioners.
(3) Approval of formal agreements of the township. This
paragraph does not include agreements arising under an
established purchasing system of the township.
(4) Approval, if required, of administrative regulations
and bylaws arising under State statutes or township
ordinances.
(5) Levying a tax at the same or a lower rate than the
previous fiscal year.
§ 7702. Publication.
(a) Requirements.--Except as provided under this chapter or
other statutory provision, the board of commissioners must
publish a proposed ordinance once in one newspaper of general
circulation at least seven days and not more than 60 days prior
to passage. Publication of a proposed ordinance must include all
of the following:
(1) The full text or the subject matter and a brief
summary prepared by the township solicitor stating all the
provisions in reasonable detail.
(2) A reference to the township office or other place
where copies of the proposed ordinance may be examined.
(b) Summary.--If the full text is not included in the
publication of the proposed ordinance, the following apply:
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(1) The newspaper in which the proposed ordinance is
published shall, upon request, be furnished a copy of the
full text without charge.
(2) The following apply:
(i) In addition to copies of the full text of the
proposed ordinance retained under subsection (a), an
attested copy of the full text shall be filed within 30
days after passage in the county law library or other
county office designated by the county commissioners.
(ii) Except as provided in subparagraph (iii)(D),
the county commissioners may impose a fee not greater
than the actual costs of storing the proposed ordinance.
(iii) Filing with the county may be completed by the
submission of an electronic copy of the ordinance as
follows:
(A) The county has discretion on whether to
permit receipt by the office storing municipal
ordinances.
(B) U pon request by the township, the county
shall notify the township of the method by which
electronic copies may be submitted.
(C) The county may store the ordinance
electronically if the public is able to access the
electronically stored township ordinances during
regular business hours at the office or at a remote
location.
(D) The county may not charge a fee for
electronic storage.
(E) The township shall retain a printed copy of
the email and ordinance as transmitted.
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(3) The date of the filing with the county under
paragraph (2) shall not affect the effective date of the
ordinance and shall not be deemed a defect in the process of
the passage of the ordinance.
(c) Notice of amendments.--If substantial amendments are
made in the proposed ordinance, before voting upon passage, the
board of commissioners must, within at least 10 days before
passage, readvertise in one newspaper of general circulation the
subject matter and a brief summary stating the provisions in
reasonable detail and a summary of the amendments. A copy of the
full text of the amended proposed ordinance shall be retained
where township records are kept.
(d) Maps.--If a map, plan or drawing is passed as part of an
ordinance, instead of publishing the map, plan or drawing as
part of the proposed ordinance, the board of commissioners may
refer in publishing the proposed ordinance to the place where
the map, plan or drawing is on file and may be examined.
§ 7703. Recording and proof.
(a) Recording.--A township ordinance and a township
resolution pertaining to tax levies shall, within 30 days after
enactment, be recorded by the township secretary in an ordinance
book. Failure to record within the time provided shall not be
deemed a defect in the process of enactment of the ordinance or
resolution pertaining to a tax levy. The ordinance book shall be
open to the inspection of citizens during normal business hours.
(b) Proof.--An ordinance may be proved by the certificate of
the township secretary under the corporate seal. If an ordinance
is printed or published in book or pamphlet form by the
authority of the township, the ordinance shall be accepted as
evidence without further proof. The entry of the township
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ordinance in the ordinance book shall be sufficient without the
signature of the president of the board of commissioners or
other person.
(c) Prior ordinances.--The text of a township ordinance or a
portion of an ordinance which was attached to the ordinance book
before July 31, 1963, shall be considered in force as if the
ordinance or portion of ordinances had been recorded directly in
the ordinance book if all other requirements of this chapter
applicable to the enactment, approval, advertising and recording
were complied with within the time limits prescribed under this
chapter.
§ 7704. Codification of ordinances.
(a) Authority.--The board of commissioners may prepare a
codification or revision of the general body of township
ordinances or of the ordinances on a particular subject.
(1) The codification or revision may be enacted as an
ordinance of the township. The required advertised notice of
the proposed enactment of the consolidation, codification or
revision must specify its general nature and shall include a
listing of the table of contents.
(2) As necessary to effectuate a codification or
revision, an ordinance may be enacted to repeal or amend a
complete group or body of ordinances. The advertisement
giving notice of the proposed enactment must, in lieu of a
table of contents, list only the title of each ordinance in
the complete group or body of ordinances.
(b) Enactment.--For a codification or revision under
subsection (a):
(1) the ordinance must be introduced by the board of
commissioners at least 30 days before enactment; and
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(2) notice of the introduction of the ordinance must be
given by advertisement in a newspaper of general circulation
at least 15 days before enactment.
(c) Subsequent notice.--If a codification or revision under
subsection (a) has been enacted as an ordinance, it shall not be
necessary to advertise the entire text, but is sufficient to
publish a notice stating that the codification or revision which
had previously been given was enacted.
§ 7705. Appeals from ordinances and resolutions.
(a) Legality.--A complaint as to the legality of an
ordinance or a resolution must be made to a court of common
pleas under 42 Pa.C.S. § 5571.1 (relating to appeals from
ordinances, resolutions, maps, etc.).
(b) Legality and propriety.--For an ordinance laying out
streets over private lands, the court has jurisdiction to review
the propriety and legality of the ordinance.
§ 7706. Standard or nationally recognized codes.
(a) Incorporation by reference.--
(1) Except as provided in paragraph (2) or the
Pennsylvania Construction Code Act, the board of
commissioners may incorporate by reference a standard or
nationally recognized code or a portion of the standard or
code in an ordinance.
(2) A portion of a code which limits the work to be
performed to any type of construction contractor or labor or
mechanic classification may not be incorporated by reference.
(3) Three copies of the incorporated material must be
filed with the township secretary at least 10 days before the
board of commissioners considers the proposed ordinance.
(4) Upon enactment, a copy of the incorporated material
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shall be kept with the ordinance book and available for
public use, inspection, examination and copying.
(b) Time frame.--
(1) Except as provided in the Pennsylvania Construction
Code Act and regulations adopted under that act, an ordinance
under subsection (a) shall be enacted within 60 days after
the ordinance is filed with the secretary of the township and
shall encompass the provisions of the code and be effective
as of the code date stated in the ordinance.
(2) A township that has adopted any standard or
nationally recognized code by reference may adopt subsequent
ordinances which incorporate by reference any subsequent
changes thereof, properly identified as to date and source,
as may be adopted by the agency or association which
promulgated the code.
(3) An ordinance which incorporates standard or
nationally recognized code amendments by reference shall
become effective after the same procedure and in the same
manner as is specified in this section for original adoption
of the code.
(c) Technical regulations or code.--An ordinance which
incorporates by reference standard technical regulations or code
is subject to applicable provisions of the Pennsylvania
Construction Code Act .
SUBCHAPTER B
ENFORCEMENT
Sec.
7711. Fines and penalties.
7712. Commitment pending trial.
7713. Township's liability for costs of prisoners to county.
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§ 7711. Fines and penalties.
(a) Authority.--A township ordinance shall prescribe fines
and penalties for violations as follows:
(1) A civil penalty may not exceed $600 per violation.
(2) A criminal fine may not exceed $1,000 per violation.
A criminal penalty may prescribe imprisonment to the extent
allowed by law for the punishment of a summary offense.
(3) The ordinance may provide that a separate violation
under paragraph (1) or (2) arises out of:
(i) each day of violation; and
(ii) each applicable section of the ordinance.
(4) The ordinance may provide for assessment of court
costs and reasonable attorney fees incurred by the township
in the enforcement proceedings.
(5) The board of commissioners may delegate the initial
determination of ordinance violation and the service of
notice of violation to a qualified officer or agent.
(b) Enforcement at law.--Unless otherwise provided by
statute, a township ordinance shall specify the method of its
enforcement as follows:
(1) Except as provided in paragraph (2), if a civil
penalty is not paid, the township must initiate a civil
action for collection under the Pennsylvania Rules of Civil
Procedure. A township is exempt from the payment of costs in
an action under this paragraph.
(2) For an ordinance regulating building, housing,
property maintenance, health, fire, public safety, parking,
solicitation, curfew, water or air or noise pollution,
enforcement must be by a criminal action under Pa.R.Crim.P.
Ch. 4 (relating to procedures in summary cases). The
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municipal solicitor may assume charge of the prosecution
without the consent of the district attorney as required
under Pa.R.Crim.P. No. 454(C) (relating to trial in summary
cases). Enforcement under this paragraph does not preclude
enforcement under section 7505(c) (relating to property
maintenance code).
(3) Except for an ordinance subject to paragraph (2), an
ordinance enacted prior to October 29, 2020, shall be deemed
automatically amended so that it is enforceable under
paragraph (1).
(4) If a civil claim under paragraph (1), exclusive of
interest, costs and fees, exceeds the monetary jurisdiction
of a magisterial district judge under 42 Pa.C.S. § 1515(a)(3)
(relating to jurisdiction and venue), the township may:
(i) bring the action in a court of common pleas; or
(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).
(c) Enforcement in equity.--In addition to or in lieu of
enforcement under subsection (b), a township may enforce an
ordinance in equity in a court of common pleas of the judicial
district where the township is situate.
(d) Payment.--Money collected under subsection (b) shall be
paid to the township treasurer.
§ 7712. Commitment pending trial.
An individual arrested for the violation of a township
ordinance may, pending hearing or trial, be committed to the
township lockup, or if there is no suitable township lockup, a
county correctional facility.
§ 7713. Township's liability for costs of prisoners to county.
If section 7712 (relating to commitment pending trial)
applies, the expenses of maintaining the prisoner during
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confinement shall be paid by the township, and the county shall
not be liable for the maintenance.
CHAPTER 79
ACTIONS BY AND AGAINST TOWNSHIPS
Sec.
7901. Collection of municipal claims.
§ 7901. Collection of municipal claims.
(a) Assumpsit.--
(1) If a township has a municipal claim for making an
improvement, providing water or sewer service or removing a
nuisance, the township may collect the claim by an action in
assumpsit against the person that owned the property at the
time of the completion of the improvement or at the time the
applicable water or sewer rate or the cost of the removal of
the nuisance first became payable. The remedy under this
paragraph is in addition to the remedies provided by law for
the filing of liens for the collection of municipal claims,
including water rates, sewer rates and the removal of
nuisances.
(2) This subsection applies notwithstanding the fact
that there was a failure on the part of the township or its
agent to enter the municipal claim as a lien.
(b) Limitation of action.--An action in assumpsit must be
commenced either within six years after:
(1) completion of the improvement;
(2) the applicable water or sewer rate becomes payable;
or
(3) the cost of removal of the nuisance becomes payable.
CHAPTER 81
REPEALS
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Sec.
8101. Revival and repeal.
§ 8101. Revival and repeal.
(a) Revival.--Nothing in this chapter shall be construed to
revive a repealed statutory provision.
(b) Repeals.--(Reserved).
PART III
(Reserved)
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 73
Pa.C.S. Pts. I and II.
(2) The act of June 24, 1931 (P.L.1206, No.331), known
as The First Class Township Code, is repealed.
Section 3. The addition of 73 Pa.C.S. Pts. I and II is a
continuation of the act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code. The following apply:
(1) Except as otherwise provided in 73 Pa.C.S. Pt. I or
II, all activities initiated under The First Class Township
Code shall continue and remain in full force and effect and
may be completed under 73 Pa.C.S. Pt. I or II. Orders,
regulations, rules and decisions which were made under The
First Class Township Code and which are in effect on the
effective date of section 2(2) of this act shall remain in
full force and effect until revoked, vacated or modified
under 73 Pa.C.S. Pt. I or II. Contracts, obligations and
collective bargaining agreements entered into under The First
Class Township Code are not affected nor impaired by the
repeal of The First Class Township Code.
(2) Except as set forth in paragraph (3), any difference
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in language between 73 Pa.C.S. Pts. I and II and The First
Class Township Code is intended only to conform to the style
of the Pennsylvania Consolidated Statutes and is not intended
to change or affect the legislative intent, judicial
construction or administration and implementation of The
First Class Township Code.
(3) Paragraph (2) does not apply to the addition of the
following provisions:
73 Pa.C.S. § 1711(a.2).
73 Pa.C.S. § 2103(a.2).
73 Pa.C.S. § 2904(a) and (d).
73 Pa.C.S. § 2923(a).
73 Pa.C.S. § 5904(a).
Section 4. This act shall take effect in 60 days.
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